성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
The judgment below
The part of the case of the defendant is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
except that this judgment.
1. As to the part of the case of this court, the court below rendered a judgment dismissing the prosecutor’s claim regarding the part of the case of this court as to the case of this court’s conviction and the request for the observation order, and there is no benefit of appeal as to the part of the case of this court’
Therefore, notwithstanding the provisions of Articles 21-8 and 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, the part of the judgment below regarding the request for protection observation order among the judgment below is excluded from the scope of the judgment of this court. Thus, the scope of the judgment of this court is limited to the part of the case of the defendant
2. The decision of the court below on the summary of the grounds for appeal (the imprisonment of eight months and the completion of sexual assault treatment programs) is too unreasonable.
3. Examining the various sentencing conditions in the instant case, the instant crime has the effect on the Defendant’s treatment by taking advantage of the personal status of the person without delay.
In light of the details and methods of the crime, and the relationship with the victim, etc., the crime and the circumstances are not easy to say that the victim might have caused considerable mental impulse and sexual humiliation. Nevertheless, even if the facts themselves were recognized by the investigative agency to the point of the original trial, the denial of the criminal intent of indecent act is an unfavorable circumstance against the defendant.
On the other hand, however, when the defendant committed a crime in the first instance, the defendant shows the appearance of reflecting the truth in depth, and his body suffers from Amphal disease.
In order to treat the victims, it seems that the crime of this case appears to have been committed in a somewhat contingent manner during a series of years under the pretext of treating the victims, or the body of the victims, and in particular, the victims are punished by the defendant by a smooth agreement with the victims.