성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
The prosecutor's appeal is dismissed.
1. Part of the defendant's case
A. The sentencing of the lower court (a fine of KRW 20 million) is deemed to be too unhued and unfair.
B. The instant crime committed by the Defendant and the respondent for an attachment order (hereinafter “Defendant”) committed an indecent act against the victims, who were the victims themselves committed by taking advantage of the fiduciary relationship with the victim’s family, and the crime is also committed for a long time, and the nature of the crime is bad.
However, the crime of this case among the facts of the crime of this case was committed three times in the middle of extracurricular lessons by inducing the victims to feel uncomfortable, and the physical contact with the victims led to the victim's sense of sense of shame and uncomfortable behavior. The degree of such indecent act was weak, and the defendant did not act at all under the pretext of correcting the attitude of the victims when the victims' mothers are involved, and there was no sexual intention on the ground that the juvenile's bucks, bucks, bucks, knicks, and jums, etc. were taken by hand. Thus, it cannot be deemed that there was no sexual intention.
The degree of indecent act seems to be extremely contingent, and the defendant is only two different types of fines, and the defendant has no same criminal records, and the defendant has agreed with the victim during the investigation process and accordingly the victim's mother stated that he/she would not want the punishment of the defendant (the victim's mother would be entitled to a trial of law in the trial record of F's legal statement) and there is a change in the punishment intent. However, it is difficult to evaluate the victim as a withdrawal of full agreement because it can be seen as a change in temporary appraisal arising in the process of legal appearance and testimony, since it can be seen as a change in the burden of attendance and testimony, it is difficult to evaluate the victim as a withdrawal of full agreement). It is recovered from mental shock after the crime of this case.