아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six years.
For a period of 10 years, the information on the defendant.
Summary of Grounds for Appeal
In light of the fact that the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") recognize the crime of this case and reflects the depth of the crime of this case, and that there is no record of criminal punishment for the same kind of crime, etc., the sentence of imprisonment (eight years of imprisonment) imposed by the court below is too unreasonable.
In the part of the case of the request for attachment order, the attachment order of an electronic tracking device for 20 years sentenced by the court below is unfair.
In light of the fact that the defendant, the representative of the entertainment planning company, has sexual intercourse or indecent act with the victims who are the trainees who are bound to obey themselves by taking advantage of his position, and the nature of the crime is poor, the victims suffered physical and mental harm that is difficult to detect, and the victims E want to punish the defendants, it is inevitable to sentence the defendant as a sentence.
However, in full view of various circumstances, including the defendant's age, character and conduct, environment, motive for the crime, circumstances after the crime, etc., the sentence imposed by the court below is somewhat unreasonable, taking into account the following circumstances: (a) the defendant is recognized by the investigative agency to the facts of the crime from the criminal investigation agency to this court; (b) the defendant has no record of criminal punishment for the same crime; (c) the victim did not want the punishment against the defendant under an agreement with the victim I; and (d) the victim
Therefore, the defendant's assertion of unfair sentencing is justified.
The risk of recidivism of a sexual crime under Article 5 (1) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders in the part of the case of the request for attachment order is not sufficient enough to repeat the crime, and it is highly probable that the person who requested the attachment order will injure the legal peace by committing a sexual crime again in the future.