Text
The defendant's appeal is dismissed.
The phrase "a sexual crime committed against the defendant" in the main sentence of the lower judgment shall be 40 hours.
Reasons
1. The decision of the court below on the summary of the grounds for appeal (4 months of imprisonment and 40 hours of completion of sexual assault treatment programs) is too unreasonable;
2. Determination is that E, the operator of the instant public bath, desires to take the Defendant’s wife, and that there is a family member to support the Defendant, etc. favorable to the Defendant.
However, the crime of this case is an intrusion upon a public bath for the purpose of meeting his own sexual desire, and the nature of the crime is not weak, and the crime of this case is low during the period of repeated crime, etc. When considering the circumstances unfavorable to the defendant, there are no special circumstances or circumstances that may be newly considered in sentencing after the decision of the court below. Considering the following circumstances: Defendant’s age, character and behavior, environment, motive and background of the crime, means and method of the crime, circumstances after the crime, etc., and the sentencing conditions specified in the arguments and records of this case, it is not recognized that the sentence imposed by the court below is excessively unreasonable.
Therefore, the defendant's assertion is not accepted.
3. The defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.
However, in the decision of the court below, the "an order to the defendant to take a course necessary for the prevention of recidivism of sexual assault crimes for 40 hours" is that "an order is issued to the defendant to complete the sexual assault treatment program for 40 hours", and "an order to attend" in the application of Acts and subordinate statutes is an erroneous entry of "an order to take a time", and such order is clearly corrected in accordance with Article 25 (1) of the