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The defendant's appeal is dismissed.
Reasons
1. The punishment (such as a fine of eight million won) imposed by the first instance court on the gist of the grounds for appeal is too unreasonable;
2. Determination factors are recognized, such as the recognition of the Defendant’s criminal act and the attitude that the Defendant repented, the victim did not want the Defendant’s punishment by mutual consent with the victim, and the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the absence of any other punishment.
However, the Defendant committed an indecent act against a female juvenile in the vehicle in operation, and it seems that the degree of indecent act is not easy, and the fear and sense of shameing that the female victim was frightened, and in particular, such an act may adversely affect the normal growth of the victim and the formation of sound sexual values.
In full view of the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, motive and background leading to the instant crime, the means and consequence of the instant crime, and other circumstances revealed in the pleadings, the sentence sentenced by the first instance court is deemed to be adequate, and it cannot be deemed that it is too unreasonable.
Therefore, the defendant's assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.
[However, it is clear that the second and second instances of the first instance judgment (the age of 17) is a clerical error in (the age of 16). Thus, it shall be corrected in accordance with Article 25(1) of the Rules on Criminal Procedure.