The defendant's appeal is dismissed.

In light of the following: (a) the summary of the Defendant’s grounds for appeal (unfair form of punishment) recognizes and reflects the Defendant’s mistake that the Defendant committed the instant crime in a contingency under the influence of alcohol; and (b) bears hospital expenses and living expenses for children who are not good health, and economic circumstances are very difficult, the sentence of the lower court imposing fines of KRW 3,00,000 and orders to complete sexual assault treatment programs for 40 hours is too unreasonable.

Judgment

The crime of this case is committed by an indecent act committed by the victim's side interest in the way of the defendant, and is not good to the quality of the crime. Even after the indecent act committed by the victim, the defendant continuously deposited 2,00,000 won in order to change the damage, but the victim was punished. On November 13, 2006, the defendant can have the record of criminal punishment such as receiving a fine of 1,00,000 won from the Hong Sung Branch branch of the Daejeon District Court of Daejeon on the grounds of appeal. The circumstances alleged in the grounds of appeal already reflected the court below as favorable sentencing factors and there is no special change of circumstances that may be considered in the trial, and the defendant's age, character and conduct, environment, motive and circumstance of the crime, degree of indecent act, etc., and all the records and circumstances of the crime after the crime are considered to be unfair. Thus, the above argument of the court below is without merit.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to dismiss the defendant's appeal.