The defendant's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won in penalty) is too unreasonable.

2. The Defendant, based on the same kind of violent crime, committed the instant crime during the period of repeated crime, even though the Defendant was released on August 13, 2016 and the remaining term of imprisonment was expired on September 22, 2016, and was under suspension of the execution of imprisonment two times as a suspended sentence of imprisonment, and one time as a sentence of imprisonment. In particular, the Defendant committed the instant crime during the period of repeated crime, even though he/she was sentenced to eight months of imprisonment due to a special assault on January 22, 2016.

On the other hand, the defendant recognized the crime of this case and opposed to the mistake.

In the court below, the defendant paid a sum of five million won to the defendant, and the victim did not want to be punished against the defendant.

In August 2017, the defendant was given a diagnosis of depression, etc. and received a diagnosis of a psychiatrist, etc. to avoid recommitting a crime.

The court below decided the amount of the fine by taking into account all the conditions of the sentencing as shown in the argument of this case, including the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime. The court below's sentencing seems to have been conducted within the reasonable scope of discretion, and there is no change in circumstances that may change the sentencing of the court below.

Therefore, the punishment sentenced by the court below cannot be deemed to be unfair because it is too large.

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.