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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentencing of the lower court is too inappropriate.
B. The lower court’s judgment imposing an order to attend a lecture for 40 hours on the Defendant is unreasonable, notwithstanding special circumstances where it is impossible to impose an order to attend a lecture on the Defendant, on the grounds that it is difficult to readily conclude that the risk of recidivism is high due to the Defendant’s initial crime.
2. Determination
A. It is recognized that the Defendant’s judgment on the wrongful argument of sentencing recognizes and reflects the instant crime from the investigative agency, the primary offender who has no record of crime, and the Defendant’s agreement with the victim that the victimized person does not want the Defendant’s punishment.
However, the crime of this case is committed by the defendant's attempt to put the victim, who is a child or juvenile, into the victim's mouth by force, and the nature of the crime is bad, and the crime of this case is committed by the crime of this case. Considering the defendant's age, sex and environment, motive, means and consequence of the crime, conditions of sentencing specified in the argument of this case, such as the defendant's age, sex and environment, motive, means and consequence of the crime, etc., it is not recognized that the sentence of the court below is too unreasonable, and therefore, this part of the defendant's assertion is without merit.
B. Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, where the court declares a guilty verdict on a person who committed a sex offense against a child or juvenile, the court shall concurrently impose an order to attend a lecture or order to complete a sexual assault treatment program (hereinafter referred to as “order”) necessary for the prevention of recidivism for a period not exceeding 500 hours.
Provided, That the foregoing shall not apply where an order to attend a course or order to complete a program is not issued in extenuating circumstances.
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The court below duly adopted and investigated.