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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) explicitly withdrawn the remainder of the grounds except the unfair argument in sentencing on the first trial date at the trial court. However, the Defendant stated to the effect that the request would be made in consideration of the circumstances.
The punishment of the lower court (2 million won) is too unreasonable.
2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The fact that recognition of and reflects the crime is committed, and there is no record of criminal punishment including the same kind of power, except for those punished once by a fine, etc., are favorable circumstances, or the crime of this case seems to have caused considerable mental pain and sexual humiliation, and the victim was deemed to have suffered a sense of sexual humiliation due to the crime of this case, and was unable to recover from the damage.
The lower court appears to have determined the sentence in consideration of all the above circumstances, and there is no change in circumstances that could be considered in the sentencing because new sentencing materials have not been submitted in the first instance.
In addition, comprehensively taking account of the following circumstances, such as the Defendant’s age, sex, environment, motive and background of the offense, means and consequence, etc., the sentencing of the lower court is deemed appropriate, and the lower court’s sentencing is excessively heavy, beyond the reasonable scope of discretion.
It does not seem that it does not appear.
The defendant's argument of sentencing is not accepted.
3. 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 groundless.