The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (4 years of imprisonment) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The instant crime is a case where the Defendant, as a child or juvenile of 16 years of age, takes the victim who is somewhat falling in intelligence level as a DD room, and included his/her sexual organ in the victim’s mouth by exercising power over two occasions, and the nature of the crime is very bad.

The victim seems to have suffered considerable mental impulse due to the crime of this case.

Nevertheless, the Defendant was unable to receive a letter from the injured party until the party's trial.

On the other hand, the Defendant made a confession of all the crimes of this case and runs counter to the depth of the mistake.

Even if the Defendant did not reach the physical and mental weak condition at the time of committing the instant crime, in light of the intelligence index, etc., the Defendant seems to have failed to reach the level of ordinary adults.

The Defendant had no record of criminal punishment before committing the instant crime.

In addition, considering the Defendant’s age, sexual conduct, environment, family relationship, health status, motive, background, means and consequence of the crime, the circumstances after the crime, etc., and the scope of the recommended sentence according to the sentencing guidelines for the establishment of the sentencing commission of the Supreme Court, including the following factors: (a) the sentence imposed by the court below is within the proper scope of the punishment according to the Defendant’s criminal liability: (b) the punishment imposed by the court below is acceptable in full view of the following factors: (c) the Defendant’s age, sexual behavior, family relationship, health status, the motive and circumstance of the crime; and (d) the circumstances after the crime.