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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 punishment (2 million won of punishment, and 40 hours of sexual assault treatment programs) is too unreasonable.
2. Determination
A. It is recognized that the defendant led to confession and reflects on the crime of this case, the primary offender, and the fact that the court below agreed with the victim.
B. However, in full view of the following circumstances: (a) in light of the time period during which the Defendant driving away a victim returning home at the night and the nature of the crime is not good; (b) in light of the time when the instant crime was committed; (c) the victim appears to have obtained a considerable mental shock; (d) there is no change in circumstances after the lower judgment was sentenced; and (e) other circumstances that form the conditions for sentencing specified in the instant pleadings, such as the Defendant’s age, background of the crime; and (e) the circumstances after the crime, etc., the lower court’s punishment is too unreasonable even if considering the favorable circumstances of the Defendant, even if it is considered favorable to the Defendant.
Therefore, the defendant's above assertion is without merit.
3. In conclusion, 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. It is so decided as per Disposition.