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The defendant's appeal is dismissed.
Reasons
1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.
2. The circumstances favorable to the defendant include the fact that the defendant's mistake is recognized and is against the defendant, and that the defendant has no record of punishment exceeding the fine.
On the other hand, the fact that the defendant did not agree with the victim and seems to have failed to recover the damage, and that the defendant has been punished for the same kind of crime, etc. are disadvantageous to the defendant.
Considering the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive for committing a crime, and circumstances after committing a crime, comprehensively taking into account the following circumstances, it is difficult to deem the lower court’s punishment is too unreasonable on the ground that there is no special change in circumstances that may be assessed differently from the sentencing conditions of the lower court.
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.