The defendant's appeal is dismissed.

1. The summary of the grounds for appeal that the sentence imposed by the court below on the defendant (five months of imprisonment and forty hours of order to complete sexual assault treatment programs) is too unreasonable.

2. The circumstances favorable to the judgment on the grounds of appeal: The defendant shows his attitude to recognize and reflect all of the crimes of this case.

D. Unfavorable circumstances: The Defendant’s crime of this case does not take place on the side side of the national highways before a high school dormitory so that many unspecified female students can be seen.

The nature of the crime is not good because it publicly conducted obscene acts, such as shakings, etc.

On April 12, 2016, the Defendant was sentenced to a three-year suspended sentence for a crime of obscene performance on April 12, 2016, and the judgment became final and conclusive on April 20, 2016, and committed the instant crime without being aware of the fact that he/she was under suspended execution. In addition to the above judgment, the Defendant was punished once for the crime of obscene performance.

The sentencing guidelines are not set for obscene crimes of the Defendant’s age, character and behavior environment, motive and means of crime, circumstances after the crime, etc., including the above favorable circumstances, unfavorable circumstances, etc., and all kinds of sentencing conditions, which are recorded in the arguments and records.

In full view of the above, it is not recognized that the sentence imposed by the court below is too unreasonable because the sentence imposed by the defendant is too large.

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 without merit.