성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 20,000,000.
The above fine shall not be paid by the defendant.
Summary of Grounds for Appeal
The punishment sentenced by the court below (two years and six months of imprisonment, and three years of suspended execution) is too unreasonable.
Judgment
The crime of this case is likely to be criticized because the defendant committed an indecent act by force against the players who are to protect and guide the defendant as a shock track supervisor and children under the age of 13 who were trained in the same ice keeping.
It seems that victims have suffered considerable sexual humiliation and mental suffering.
In particular, the victims raised the issue of E, which is the affiliated organization, and the defendant filed a complaint against the victims as a crime of false accusation.
However, the Defendant, from the original trial, led to the confession of each of the crimes in this case, and the Defendant repented his mistake.
The victims do not want the punishment of the defendant under the mutual consent between the defendant and the victim.
The defendant, through the national representative players, has faithfully trained the players, and this case is generally being taken place during the course of training, and in some cases, the defendant instructs the correction of attitude during training.
There is no history of criminal punishment exceeding the same criminal record or fine.
In addition, comprehensively taking into account the Defendant’s age, character, conduct and environment, the motive, background, means and consequence of the instant crime, the circumstances after the instant crime, etc., the sentence imposed by the lower court is unreasonable.
The defendant's ground of appeal is justified.
As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the judgment is rendered again as follows.
【Grounds for the Judgment of the Supreme Court】 The facts constituting a crime and summary of evidence recognized by the court are all recorded in the corresponding column of the judgment of the court below. Therefore, the Criminal Procedure Act is applicable.