성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the grounds of appeal is too unreasonable (one year of imprisonment and 40 hours of order to complete a sexual assault treatment program).
2. Although there are circumstances that may be considered in light of the circumstances, such as the fact that the defendant's mistake is recognized, the fact that the court below agreed with the victim G, the first offender, etc., but there is no change of circumstances to consider the sentencing after the judgment of the court below. The crime of this case was committed by the defendant who is in a position to protect and supervise the victims due to business relations, using his occupational status, and committed an indecent act against the victims. The crime of this case is very heavy, and it is obvious that the victims caused emotional distress and sexual humiliation due to the crime of this case, but it is not restored to the victim even though it is clear that the victims caused emotional distress and sexual humiliation. In addition, taking into account all the sentencing conditions of this case, including the defendant's age, sexual behavior, occupation and environment, motive and background of the crime of this case, and the circumstances after the crime, etc., the punishment of the court below is too unreasonable even if considering
Therefore, we cannot accept the defendant's above assertion.
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.