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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentencing (an order to complete a sexual assault treatment program program program program program program program program program program program program program program program program program program program program program program 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 the statutory penalty, based on the discretionary determination that takes place within a reasonable and appropriate scope by taking into account the factors constituting the conditions for sentencing as prescribed in Article 51 of the Criminal Act, and there is a unique area of the first deliberation in our criminal litigation law taking the trial-oriented principle and the principle of directness.
In addition, in light of these circumstances and the ex post facto in-depth nature of the appellate court, it is reasonable to respect the sentencing in the event that there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of the discretion. Although the sentence of the first instance falls within the reasonable scope of the discretion, it is desirable to refrain from rendering a sentence that does not differ from the first instance court by destroying the judgment of the appellate court solely on the ground that the sentence of the first instance falls within the reasonable scope of the discretion but is somewhat different from the opinion of the appellate court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court sentenced the above sentence to the Defendant with due regard to the sentencing as stated in its reasoning. The circumstances favorable to the sentencing of the Defendant, including the first offender who has no record of crime, have already been determined in the lower court, have been sufficiently considered in the first instance court’s sentencing, and that the Defendant voluntarily led the Defendant to the entire confession of the offense by sexual harassment and sexual behavior against the victim.