The defendant's appeal is dismissed.

The summary of the grounds for appeal (unfair punishment) sentenced by the court below (six years of imprisonment, etc.) is too unreasonable.

Judgment

Where there is no change in the conditions of sentencing compared to the original judgment in the appellate court, and the sentencing of the original court is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court determined a punishment against the Defendant, taking into account the following circumstances: (a) while considering the circumstances in which the Defendant recognized the commission of the crime, the Defendant took advantage of the circumstances favorable to him; (b) while the Defendant was unable to make any effort to recover the damage of the victim and attempted to rape by threateninging him/her with a deadly weapon; (c) he/she took custody of cash against the victim with a suppression of resistance; (d) the nature and method of the crime; (e) the crime was extremely bad; (e) the victim suffered considerable physical and mental damage; and (e) the victim complained of serious mental suffering and shock; and (e) the Defendant did not receive any paper.

In light of the sentencing conditions revealed in the records and arguments of this case, the judgment of the court below exceeded the scope of reasonable discretion, or there are no new circumstances or changes in special circumstances that can be reflected in the sentencing after the sentence of the court below.

In addition, when comprehensively taking account of all the sentencing conditions in the instant case and the recommended sentencing guidelines set by the Supreme Court Sentencing Committee (one year to four months), including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., that the Defendant has been subject to criminal punishment several times, including the period of punishment for sexual assault crimes on two occasions, the lower court’s sentence is imposed on the Defendant.