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The defendant's appeal is dismissed.
Reasons
The decision of the court below on the grounds of appeal is unfair because the punishment (two years and six months of imprisonment) imposed on the defendant is too unreasonable.
Judgment
The fact that the defendant committed the crime of similar rape in this case by contingency under the influence of alcohol, the degree of exercising force against the victim seems not to be significant, and the fact that the defendant recognized all of the crimes in this case and reflected his mistake is favorable to the defendant.
On the other hand, even though the defendant has been sentenced to a fine due to a violation of the Act on the Protection of Juveniles against Sexual Abuse, the defendant has committed similar rape by inserting fingers into the victim's sexual organ and resistance, which led to the occurrence of a considerable influence from the victim's resistance. The criminal liability is very heavy, and the victim seems to have suffered a big physical mental impulse and pain with a considerable sense of sexual shame, and the defendant has already been punished several times due to driving of drinking and non-licenseless driving, and the defendant committed the crime of driving and non-licenseless driving of this case, which is disadvantageous to the defendant.
In full view of the above circumstances and the Defendant’s age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the scope of the recommended sentence according to the sentencing guidelines established by the Supreme Court and the sentencing guidelines established by the Sentencing Committee, it is not determined that the lower court’s sentence against the Defendant is unreasonable.
Therefore, the defendant's assertion is without merit.
As to the defendant's judgment ex officio on the period of registering personal information, the sex crime which causes the registration of personal information under the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and other crimes are concurrent in accordance with Article 37 of the Criminal Act and the punishment is determined in accordance with Article 38 of the Criminal Act.