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(영문) 대구고등법원 2017.12.07 2017노443

성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)

Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal is that the punishment (3 million won in penalty, and 40 hours in completion of sexual assault treatment programs) imposed by the lower court on the Defendant and the claimant for the observation order (hereinafter referred to as “Defendant”) under the protection order (hereinafter referred to as “Defendant”) is too unfasible and unfair.

Since the lower court’s decision on the claim for the order to observe the protection is unreasonable, it is also unreasonable to dismiss the claim for the order to observe the protection of this case on the ground of this.

Judgment

Examining the various sentencing conditions regarding the part of the case against the defendant, the crime of this case was committed by the defendant, who is the head of the juvenile welfare facility, against the victim, who was the team leader of the contract, on several occasions in the course of a briefing session, and committed an indecent act, such as breaking and breaking, etc. In light of the details and methods of the crime, the frequency of the crime, and the relationship with the victim, etc., the crime is not easy in light of the nature of the crime, and the victim’s intangible disadvantage is likely to cause considerable sexual humiliation and personal humiliation, and the victim, who did not properly resist the crime, appears to have caused the occurrence of considerable

On the other hand, the fact that the defendant seems to reflect the wrongness while admitting the entire crime, the degree of conduct is not significant, and the defendant, in agreement with the victim on the condition that he retires from the juvenile welfare facility and does not work in the Daegu regional-related agency or facility, the victim revoked the complaint, and accordingly, the defendant has no record of being punished for the same kind of sexual assault crime, and the defendant's family and branch members have to support two children, which are favorable to the defendant.

As above, the records and changes of the defendant's age, sex and environment, family relation, health status, motive, background, means and consequence of the crime, etc. are different from the sentencing factors disadvantageous to or favorable to the defendant.