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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In the process of suppressing the victim’s resistance, the Defendant had the victim exercise his/her force against the victim, but there is no fact that the victim’s face is threatened by knife (No. 1) or drinking, etc.
B. The lower court’s sentence of unreasonable sentencing (five years of imprisonment, confiscation, completion of sexual assault treatment programs for 80 hours, information disclosure, and notification information) is too unreasonable.
2. Determination:
A. 1) The Defendant asserted the same purport in the lower court, and the lower court found the Defendant guilty of the facts charged in this case on the grounds that the victim’s statement was consistent, specific, and consistent, the circumstances leading up to the victim’s statement were not only natural, but also there were no circumstances showing false credibility. 2) Examining the record, the lower court’s aforementioned determination is acceptable, and it does not seem that there was an error of law, such as misconception of facts as alleged in the grounds for appeal.
This part of the grounds for appeal is without merit.
B. Determination on the argument of unfair sentencing is 1) The lower court sentenced three-year imprisonment with labor, which is the lowest sentence of sentencing on the sentencing guidelines, by taking into account each other’s favorable circumstances, including the following: (a) assaulting a victim at a time to meet his/her own sexual desire and form sexual identity and values; (b) the victim has no choice but to live together with an difficult pain; and (c) the victim has to strongly punish a sex offender against a child or juvenile; and (d) giving rise to unfavorable circumstances, such as the social demand that he/she should actively punish the sex offender against him/her; and (b) having agreed with the victim; and (c) having no record of criminal punishment to the defendant; and (d) sentenced the defendant to a three-year imprisonment with labor, which is the highest sentence of the recommended sentence on the sentencing guidelines. 2)