성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
The defendant's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won in punishment, and 40 hours in completion of sexual assault treatment programs) is too unreasonable.
2. The fact that the judgment of the defendant recognized the crime of this case and against it, agreed with the victim, the record of criminal punishment is not confirmed, and the defendant's wife wanting to take the action against the defendant is favorable to the defendant.
However, the instant crime is an indecent act by force by the Defendant, who is a church pastor, committed an indecent act by force against the victim, who is a believers, and the nature of the crime is not very good, and in light of the respective positions of the Defendant and the victim, the degree of the instant crime is somewhat weak.
In light of the fact that the injured party can not be seen as having suffered a lot of mental impulses as well as a sense of sexual humiliation, and that the sentencing conditions of the Defendant, such as character, character, environment, family relationship, etc. are considered, the sentencing of the lower court cannot be deemed unfair because it is too unreasonable.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.