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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (a fine of KRW 5 million, order to complete a sexual assault treatment program 40 hours, confiscation) declared by the court below is too unreasonable.
2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, has the unique area of the first instance court as to the determination of sentencing. As such, in a case where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion,
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, the crime of this case was committed by taking pictures of a large number of body pictures against the victim’s will and then was committed by threatening the victim to spread them, and thus, the nature of the crime is very poor. However, the lower court determined the sentence as above in consideration of the fact that the Defendant recognized the crime, the fact that the Defendant agreed with the victim, and the Defendant was the primary offender. In full view of the factors revealed in the arguments in this case, the lower court’s sentencing is too excessive, and thus, cannot be deemed to have exceeded the reasonable scope of discretion.
Therefore, the defendant's assertion is not accepted.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.