The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The punishment of the court below (limited to eight months of imprisonment, two years of probation, 40 hours of an order to attend a sexual assault treatment lecture, 160 hours of community service) is too unreasonable.

Judgment

The Criminal Procedure Act, which takes the principle of court-oriented trials and the principle of directness, should respect the determination of sentencing in cases where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). There is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted at the trial court. In full view of all the reasons for sentencing indicated in the record of the instant case, the lower court’s sentencing is too remote, and thus, cannot be deemed to have exceeded the reasonable scope of discretion.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit

[However, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) and Article 59-3(1) of the Act on Welfare of Persons with Disabilities should determine whether to issue an employment restriction order pursuant to Article 59-3(1) of the Act on Welfare of Persons with Disabilities. Since there are special circumstances under which the lower court exempted the Defendant from the employment restriction order and should not issue an employment restriction order pursuant to the Act on Welfare of Persons with Disabilities,