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The defendant's appeal is dismissed.
Reasons
1. The lower court’s sentence (five years of imprisonment and 80 hours of order to complete a sexual assault treatment program) on the summary of the grounds for appeal is too unreasonable.
2. The court below held that the defendant recognized all of the crimes of this case and declared a five-year imprisonment, etc. to the defendant in consideration of the circumstances unfavorable to the defendant, such as the fact that the defendant is both aware of and reflects the crimes of this case, that the defendant was punished for the same kind of crime or has no record of punishment heavier than the fine, and that the victim and the mother of the victim did not want the punishment. However, the crime of this case is the object of eliminating sexual desire through several times, and the crime of this case is subject to the resolution of sexual desire through the dissolution of the family so that the victim cannot refuse it.
In full view of the above sentencing conditions and the sentence imposed by the court below according to the sentencing guidelines established by the Supreme Court Sentencing Committee, comprehensively taking into account various sentencing conditions under Article 51 of the Criminal Act, such as the Defendant’s age, sexual conduct, environment, etc., the sentence imposed by the court below against the Defendant is too unreasonable.
Therefore, the defendant's argument of sentencing is without merit.
3. In conclusion, 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 without merit. It is so decided as per Disposition.