The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the lower court’s punishment (the amount of KRW 5 million, the amount of KRW 40,000, and the amount of sexual assault treatment program program program program program program program program program program program program program program program program program program program

2. The determination of sentencing is based on statutory penalty, and the discretionary determination is made within a reasonable and reasonable scope, taking into account the factors constituting the conditions for sentencing prescribed in Article 51 of the Criminal Act.

However, considering the unique area of sentencing of sentencing of the first instance that is respected under the principle of trial priority and the principle of direct jurisdiction taken by our criminal litigation law and the nature of the ex post facto review of the appellate court, the sentencing of sentencing of the first instance was exceeded the reasonable scope of discretion when comprehensively taking into account the factors and guidelines for sentencing specified in the first instance sentencing trial process.

In light of the records newly discovered in the course of the appellate court’s sentencing hearing, it is reasonable to file an unfair judgment of the first instance court, only in cases where it is deemed unfair to maintain the sentencing of the first instance court as it is for the court to judge the sentencing of the first instance court.

In the absence of such exceptional circumstances, it is desirable to respect the sentencing of the first instance judgment (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The circumstances alleged by the Defendant as an element favorable to the sentencing in the trial of the lower court were mostly revealed in the oral proceedings of the lower court, and there is no particular change in the situation in the sentencing criteria after the sentence of the lower court was rendered.

Although the Defendant complained of the lack of ability to bear a fine due to its very difficult economic situation, the Defendant committed an indecent act by entering the main room in which the Defendant was a victim with no particular friendship, the degree of conduct inception is not less severe, and in light of the fact that the Defendant did not agree with the victim, it is difficult to view such circumstance as a ground to reduce the punishment of the lower court.

In addition, records and arguments, such as the age, sex, environment, and circumstances after the crime, shall be made.