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The defendant's appeal is dismissed.
Reasons
The punishment sentenced by the court below (two years and six months of imprisonment) is too unreasonable.
Judgment
If there is no change in the conditions of sentencing compared to the original judgment in the appellate court, and the sentencing of the original court is not beyond the scope of reasonable discretion, it is reasonable to respect
(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Although the Defendant, who denied the fact of indecent act by compulsion at the lower court, acknowledged all of the crimes in the appellate court, it is difficult to evaluate that there exists a significant change in the sentencing conditions as it is deemed unfair by the lower court that selected a limited term among the statutory penalty and sentenced the lowest sentence within the scope of discretionary mitigation, and no other change is found compared to the lower court.
The circumstances favorable to the defendant include: (a) there is no power to be punished for the same crime; (b) the victim's bucks are opened a door-to-door visit without locking; and (c) the victim's bucks are sent once, and the form of intrusion upon residence or the degree of indecent act is relatively excessive; and (d) the defendant's economic situation and health are not good; (b) but the court below seems to have fully considered the favorable circumstances.
In addition, the crime of this case is likely to result in considerable sense of shame and mental suffering at the time of the crime of this case, and the victim seems to have to suffer from a considerable sense of shame and mental suffering in the daily residential space in the future, and even in the future, it seems that the defendant would have to feel uneasy about the crime in the daily residential space. Nevertheless, since the investigation stage and the court of the court of the court below up to the time of the court of the court below's decision, the defendant was able to see the victim by opening the door only without opening a visit, and the victim's voice was entirely closed and closed."