Text
The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an order to complete a sexual assault treatment program with 8 months or 80 hours of imprisonment) is too unreasonable.
2. Determination that the Defendant is entitled to receive appropriate treatment to prevent recidivism and to reflect all of the instant crimes.
They are favorable to the defendant.
However, the Defendant committed the instant crime again during the period of repeated crime resulting from the same crime even though he/she had been punished three times for the same crime [eight months of imprisonment due to forced indecent conduct, etc. on April 2015, around October 2016, and around May 2017, each fine of seven million won is imposed, and four months of imprisonment with prison labor]. The instant crime was committed in the course of repeated crime resulting from the same crime; the instant crime was taken by inserting a camera under the body part of the victim, and the nature of the crime is bad, and the circumstances after the crime are not good, such as resistance during the arrest process, etc.
In full view of all the conditions of sentencing as shown in the records and arguments of this case, including these circumstances, the sentence imposed by the court below was judged appropriate and exceeded the reasonable scope of discretion because it is too unreasonable.
subsection (b) of this section.
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 grounds that the defendant's appeal is without merit. It is so decided as per Disposition.