The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two months of imprisonment) is too unreasonable.

2. In a case 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, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The fact that the crime is recognized and reflected, the fact that the victim agreed smoothly with the victim, etc. is favorable.

On the other hand, however, there is no minor degree of injury of the victim, and there is a record of being punished three times due to traffic crimes such as drinking driving, etc., the alcohol concentration in blood is high (0.137%) and the driving speed exceeding the restricted speed (130.4km in time) is very soon, and the criminal situation of the instant crime is bad.

The court below determined a punishment in consideration of all the above circumstances, and there is no change in the conditions of sentencing on the grounds that new sentencing materials have not been submitted in the trial.

In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, motive, means, and consequence of the crime, as well as various other circumstances, which form the conditions for sentencing as indicated in the instant records and theories of change, such as the circumstances after the crime, the lower court’s punishment is deemed reasonable, and is excessively heavy, beyond the reasonable scope of discretion.

It does not seem that it does not appear.

The defendant's argument in sentencing is not accepted.

3. 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 groundless.