성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
The defendant's appeal is dismissed.
1. The sentencing of the lower court (two years after the suspension of the execution of six months and 40 hours during the course of sexual assault treatment) on the gist of the grounds of appeal is too unreasonable.
2. Determination
A. The Defendant did not have any record of any other crime, except for punishment of a fine once for a crime of dual species, and agreed with the victims.
However, the defendant committed an indecent act against the victims who are students under his/her direction and supervision, and the degree of his/her conduct is not weak.
The victims seem to have received a considerable sense of sexual humiliation and mental shock due to the crime of this case.
In full view of the various circumstances, including the above circumstances, including the Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that make it possible to change the sentencing of the lower court after the judgment, the sentencing of the lower court is not unfair.
B. The Defendant’s age, occupation and environment, social ties, details and results of the crime, circumstances before and after the crime, outlines, and sex offenses, and the risk of recidivism is significantly low.
In addition, taking into account other circumstances such as the degree and expected side effects of the defendant's suffering by an employment restriction order, the prevention effect of sexual crimes that can be achieved therefrom, and the effect of protecting the victims of children and juveniles from sexual crimes, etc., there are special circumstances where the defendant shall not be issued an employment restriction order. Thus, the defendant shall not be issued an employment restriction order pursuant to the proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.
3. The defendant's appeal is without merit and thus dismissed under Article 364 (4) of the Criminal Procedure Act. However, pursuant to Article 25 (1) of the Rules on Criminal Procedure, the defendant's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act. Article 10 of the Act on Special Cases Concerning the Punishment, etc. of Each Sexual Crimes, which is applicable to Article 3 of the judgment below