아동ㆍ청소년의성보호에관한법률위반(위계등추행)등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles, when the victims were not close or concentrated in the course of class, the fact that the part of the buckbucks was fucked or the part was fucks by hand, but there is no indecent act against the victims as stated in the facts charged.
In addition, although the defendant was in the position of diplomatic history, it cannot be said that there was a force exercise in light of the educational atmosphere with the victims.
B. The sentence imposed by the lower court (three years of imprisonment) is too unreasonable.
C. Although this part of the allegation regarding the incidental disposition is not included in the statement of grounds of appeal, it does not constitute legitimate grounds of appeal, it is determined as being included in the final statement of counsel on the second day of January 23, 2019.
It is unfair to issue a disclosure order, notification order, and employment restriction order for 5 years since the defendant did not have the same criminal record and there is no risk of recidivism.
2. Determination
A. The Defendant asserted to the same effect as the grounds for appeal in this part of the judgment below on the ground of misunderstanding of facts and misunderstanding of legal principles.
The court below acknowledged the following facts based on the evidence: ① the relationship between the defendant and the victims, ② the proceeding method of the extracurricular classes, ③ the victims have made a clear and consistent statement about the three parts that are difficult for them to easily attend without direct experience about their respective damages, ③ the victims have expressed their direct actions, and the Defendant’s oral and behavior clearly stated their response and emotions, and there are no special motives or objective circumstances to make the victims make a false statement; ④ the contents of the I message sent and received by the victims around the time when they come to go to the country, ⑤ the fact that the victims had expressed their intention of refusal, and the victim’s resistance.