Text
The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to two million won, and completion of 40 hours in sexual assault treatment programs) is too unreasonable (the Defendant explicitly withdrawn the remaining arguments excluding the unfair argument in sentencing on the first trial date of the first trial of the lower court). 2. Where there is no change in the conditions of sentencing compared with the first trial of the lower court, and the first trial sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). The Defendant recognized each of the instant offenses, and agreed with the victim, etc. are favorable circumstances.
However, the lower court appears to have determined the punishment in consideration of the above circumstances, and there is no change of circumstances that may be newly considered in the sentencing after the pronouncement of the lower judgment, in light of the following: (a) the nature of each of the crimes of this case is not good; and (b) the victim appears to have caused a large sense of sexual humiliation due to each of the crimes of this case; and (c) other circumstances that form the conditions for the sentencing of this case, such as Defendant’s age, sexual behavior, environment, motive and background of the crime, means and consequence of the crime; and (d) the circumstances after the crime, etc., it cannot be deemed unfair because the lower court’s punishment is too unreasonable.
The defendant's argument of sentencing is not accepted.
3. 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 groundless.