The defendant's appeal is dismissed.

1. The decision of the court below on the summary of the reasons for appeal (the imprisonment of eight months, the suspension of execution of two years, community service time and the observation of protection) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and the first instance sentencing 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, etc.). Although the degree of injury to the victim is relatively insignificant, the Defendant has a history of being subject to nine times or punishment for violent crimes, and, in particular, again committed the instant crime during the suspension period of the execution of the same crime, he/she again committed the instant crime during the said crime, and has not received any tolerance from the victimized person up to the present.

In light of such overall circumstances, the lower court determined a punishment, and there is no new circumstance to change the sentence of the lower court in the first instance.

In addition, when comprehensively considering various sentencing conditions, such as the defendant's age, sexual conduct, relationship with the victim, the number of crimes and circumstances after the crime, as shown in the hearing of the court below and the party deliberation, the punishment imposed by the court below is conducted within the reasonable scope of discretion, and is not hot.

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 without merit. It is so decided as per Disposition.