아동ㆍ청소년의성보호에관한법률위반(강제추행)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal: The penalty imposed by the court below (the fine of KRW 15 million) is too minor.
2. The Defendant committed an offense against a student by taking advantage of his/her position at a school which is a place to protect juveniles despite the fact that he/she worked as a school staff member of an alternative school and was in a position to protect juveniles.
In particular, the Defendant committed an indecent act by taking charge of the victim's buckbucks that did not take care of the victim's difficult circumstances and appraisal, such as advising the victim who was educated at an alternative school due to the lack of adaptation to the general high school, even though he was well aware of the situation and appraisal about his school life.
After the first crime, the Defendant continued to commit the crime in a planned and excessive manner by committing an indecent act, such as inciting the victim three consecutive days in which the victim did not seem to have any reaction.
The defendant's act of using rhumbuckbucks, which is a sensitive body part of the victim who is a female high school student, cannot be said to be less light of the degree of indecent act.
When the sexual identity and values are formed, the victim appears to have suffered a lot of mental impulse and sexual aversion due to the crime of this case, and is likely to be adversely affected in the future growth process.
The Defendant was not able to recover from the victim until now.
However, the defendant shows his attitude to recognize and seriously reflect his mistake.
The degree of tangible power used by the defendant is weak.
Since the Defendant retired from alternative schools after the occurrence of the case and engaged in other types of occupation, it is not highly likely that the same crime as this case may be repeated.
The Defendant is an initial offender who has no criminal history.
The above various circumstances and the defendant's age, character and conduct, environment, family relationship, criminal records, and crimes.