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(영문) 광주고등법원 (전주) 2014.10.21 2014노171

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for a term of two years, a suspended sentence of three years, an order to attend a sexual assault therapy 40 hours, and an order to provide community service 80 hours) is too uneased and unreasonable.

2. The crime of this case, which committed the crime of this case against a high school teacher, committed an indecent act against the victims several times against those who should be protected by the defendant, is deemed not to have a considerable sense of sexual humiliations, which may interfere with the formation of sound sexual identity and values, which may interfere with the promotion of confidence in the right to education due to the crime of this case committed by the defendant in the position of the teacher, which is likely to encourage a strong punishment against some victims or their parents, and is also highly likely to impose sanctions against such victims or their parents, etc.

However, as the court below pointed out properly, the defendant recognized the crime of this case as well as his mistake in depth, in the case of some victims, the defendant's family members and supporters, knife the defendant's wife against the defendant. The defendant was sentenced to a fine on one occasion due to the crime of violation of the Road Traffic Act of 2012, and there was no record of punishment for the same crime or suspension of execution or above. The defendant has been able to lead a life in good faith for about 30 years, but the crime of this case was not planned, and the crime of this case is not likely to cause harm to the body of the victims, and the degree of indecent act was not much serious. Article 51 of the Criminal Act, which is shown in the records and arguments of this case, including the circumstances favorable to the defendant.