Text
The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (6 months of imprisonment and 40 hours of order to complete a sexual assault treatment program) is too unreasonable.
2. It is more favorable to the fact that the defendant recognized and reflected the crime, and that the equality in the case where the first head of the crime in the judgment of the court below, which is a single concurrent crime after Article 37 of the Criminal Act, should be considered concurrently with the case of rape, etc.
However, in full view of the following circumstances: (a) the Defendant committed the instant crime without being aware of the fact that he was tried by the appellate court due to the crime of rape, etc.; (b) the victim appears to have caused considerable sense of sexual humiliation and fear; (c) the victim wants to punish the Defendant; (d) there is no special change in circumstances after the pronouncement of the lower judgment; and (e) there is no other change in circumstances following the Defendant’s age, sex behavior, environment, family relationship, etc., it is difficult to view that the lower court’s punishment is too unreasonable.
Therefore, we do not accept the above argument of the defendant's above sentencing.
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.