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The defendant's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
The sentence of imprisonment with prison labor (two years and six months) of the lower court is excessively unreasonable.
Judgment
Although the Defendant, as a primary offender, led to the confession of a crime and suffering from a stimulative disorder, the nature and circumstances of the crime, such as: (a) the victim under 12 years of age, who has not yet physical and mental maturity, is a high school student, and is approaching himself/herself, and (b) the sexual intercourse and taking pictures on two occasions; and (c) the victim’s sexual identity and values are likely to have negative impacts that may not be complied with in the formation of the victim’s sexual identity and values; (d) the Defendant did not agree with the victim; and (e) the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime; and (e) all the sentencing factors presented in the arguments, such as the circumstances after the crime, cannot be deemed unfair because the sentence imposed by the lower court is excessively unreasonable.
The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because it has no reason to appeal.