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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentencing of the lower court is too inappropriate.
B. It is improper for the court below to order the defendant to complete a sexual assault treatment program for 24 hours.
2. Determination
A. It is recognized that the defendant's judgment on the unfair argument of sentencing is divided into and against his mistake, and that the defendant does not want the punishment of the defendant by agreement with the victim.
However, the Defendant again committed the instant crime despite the record of the same crime. The instant crime is deemed to have committed an indecent act in line with the victim’s hand, etc. while the Defendant continuously demanded the victim, who is a juvenile, and thus, the quality of such crime is not good. The statutory punishment for the instant crime of violation of the Act on the Protection of Children’s Juveniles from Sexual Abuse is imprisonment for more than two years, or a fine of more than 10 million won, but not more than 30 million won. The lower court sentenced to a fine of more than five million won, which is the lowest fine, following the Defendant’s selection of a fine and the mitigation of volume, and other conditions of sentencing specified in the instant argument, such as the Defendant’s age, sex and environment, motive, means and consequence of the instant crime, and circumstances after the crime, etc., the lower court’s punishment is too unreasonable. Thus, this part of the Defendant’s assertion is without merit.
B. According to Articles 2 and 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, where a judgment of conviction is rendered against a defendant who committed a crime of violating the Act on the Protection of Juveniles against Sexual Abuse, which constitutes a sex offense against a child, an order to attend a lecture or order to complete a sexual assault treatment program shall be issued concurrently for a period not exceeding 500 hours, barring any special circumstance where an order to attend a lecture or order to complete a program cannot be imposed. The evidence duly adopted and examined by the court below shall be comprehensively taken into account.