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The defendant's appeal is dismissed.
Reasons
1. The summary of the reasons for appeal (three years of imprisonment) by the lower court is too unreasonable.
2. The following are the circumstances favorable to the Defendant: (a) the Defendant recognized the instant crime; (b) the type used for the instant crime was not strong; (c) the Defendant did not have any criminal punishment prior to the instant crime; and (d) there were parents and young children, etc. who should support the Defendant.
However, the Defendant committed the instant crime against a minor under age without any awareness, and deemed to have considerable mental damage to the victim due to the instant crime. In light of the content of the instant crime, the Defendant’s crime is disadvantageous to the Defendant.
Examining the above favorable or unfavorable circumstances, the Defendant’s age, character and conduct, environment, circumstances leading to the instant crime, and various conditions of sentencing, etc., such as the circumstances after the instant crime, cannot be deemed unreasonable to the extent that the lower court’s punishment is too unreasonable.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.