The defendant's appeal is dismissed.

1. Sentencing sentencing based on the summary of the grounds for appeal (the argument of mistake in facts was withdrawn at the first trial date)

2. The lower court determined a sentence by taking account of the circumstances favorable to the victim, such as the degree of injury, the degree of injury, and the fact that the victim did not want the punishment, under the circumstances unfavorable to the victim during the period of suspension of execution of the same crime.

The appellate court, compared to the first instance court, has no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect the first instance sentencing judgment.

It is recognized that there are some circumstances such as the fact that the defendant has a physical disability(s) 5, the fact that the defendant supports the wife and two children, including children suffering from the heart disease(s) and family members wanting the defendant's wife(s) (s) (s) and the motive and circumstance leading to the crime.

However, these circumstances were revealed in the court below, so the sentencing conditions mentioned above were significantly changed in the court below.

It is difficult to see it.

Considering that the above sentencing is unfair by comprehensively taking account of the conditions of sentencing, such as the background, Defendant’s age, sexual conduct, relationship with the victim, motive, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s punishment cannot be deemed unfair.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.