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The defendant's appeal is dismissed.
Reasons
1. The sentence imposed by the court below (two years of imprisonment and forty hours of completion of sexual assault treatment programs) in light of various sentencing conditions in the instant case’s summary of the grounds for appeal is too unreasonable.
2. Examining the various sentencing conditions in the instant case, the following circumstances are favorable to the Defendant: (a) the Defendant has no same history; (b) the Defendant has no criminal record other than the one-time fine record; (c) the Defendant has led to the confession of and reflect against the Defendant; (d) the Defendant has been rapidly growing from the enemy; and (e) deposited KRW 5 million for the victim.
On the other hand, the crime of this case is to be committed by the defendant with the influence of alcohol by the victim.
In other words, the Defendant committed similar rape, regardless of the intent of the victimized person’s refusal, and the Defendant exercised the force of force to commit the above crime by means of tear, etc., regardless of the intention of the victimized person’s refusal, and thereby, the victim who was 18 years old at the time seems to have suffered a considerable mental and physical pain, and the victim did not receive a letter from the injured person up to the trial, and the victim was punished.
As above, comprehensively taking into account all of the sentencing factors favorable to or unfavorable to the defendant, including the following factors: the defendant's age, sex and environment, family relation, motive and background of the crime, method of the crime, and circumstances before and after the crime, etc., as well as all of the sentencing conditions indicated in the records of this case and the theory of changes, and considering the aforementioned sentencing factors, the court below appears to have sentenced the maximum of two years of imprisonment within the scope of the applicable sentences in law (not less than two years of imprisonment or not less than three years of imprisonment) and the scope of the recommended sentences (not less than three years of imprisonment) set out in the sentencing guidelines, and even if there are no special circumstances or changes in circumstances that could reduce the sentence of the court below in the trial, the sentence imposed by the defendant is appropriate according to the defendant's liability