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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. A summary of the lower judgment found that the Defendant was at all aware of the facts charged that the victim (the remaining and the 10-year-old age), who was the victim of the sexual crime (the indecent act by force against a minor under the age of 13), was committed on one occasion and committed an indecent act (the indecent act by force against a minor under the age of 13). The lower court found the Defendant guilty of the facts charged, and sentenced the Defendant to a fine of 20 million won, order to complete sexual assault treatment programs for 40 hours, and order to restrict employment for five years.
B. The summary of the grounds for appeal (Defendant) is too unreasonable that the above punishment (such as penalty 20 million won) declared by the lower court is too unreasonable.
2. Determination
A. Improper sentencing of the relevant legal doctrine refers to cases where the sentence of the lower judgment is too heavy or too minor in light of the content of the specific case.
Where there is no change in the conditions of sentencing compared to the original judgment, and the sentencing of the original court does not deviate from the reasonable scope of discretion, the appellate court is reasonable to respect the sentencing of the original judgment.
On the other hand, the sentencing judgment of the court below exceeded the reasonable limit of its discretion when comprehensively taking into account the conditions of sentencing as shown in the court below’s sentencing review process and the sentencing guidelines.
In the event that there are circumstances, such as evaluation or the fact that maintaining the sentencing of the lower court is unfair in full view of the newly discovered materials in the course of the appellate court’s sentencing review, the appellate court should reverse the judgment of the lower court which rendered the judgment unreasonable (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). B. 1) The ordinary defendant who is favorable to the judgment of the lower court appears to be in a profound reflection after recognizing the criminal act.
In agreement with the victim, the defendant expressed his/her intention that the victim does not want to punish the defendant.
It is true that a judgment was rendered at the same time as the forced indecent act crime and the obstruction of business in the judgment of the court.