아동ㆍ청소년의성보호에관한법률위반(유사성행위)등
The judgment below
The appeal filed by both the Defendant and the prosecutor on the part of the case is dismissed.
The judgment below
(2).
The summary of the grounds for appeal is that the punishment imposed by the court below on the defendant and the person who requested the attachment order (hereinafter referred to as "defendant") (three years of imprisonment and 80 hours of completion of sexual assault treatment programs) is too unreasonable.
The above-mentioned sentence, which the court below decided against the defendant in the case of the prosecutor's improper sentencing, is too uneasible and unfair.
It is improper for the court below to exempt the disclosure and notification order, in the absence of special circumstances that may not disclose or notify the personal information of the defendant who was improper to be exempted from disclosure disclosure order.
It is improper for the court below to dismiss the defendant's request for attachment order of this case even though he/she is likely to recommit a sexual crime.
Each of the crimes of this case regarding the judgment of the defendant and the prosecutor on the defendant's case committed the act of similarity on nine occasions, such as committing an indecent act, such as taking a part of the victim (the victim (the victim) who is female juvenile, or taking part in the chests, etc. by force, and inserting the fingers, etc., even though the defendant has a duty to protect his/her students, by receiving his/her own guidance as the president of the private teaching institute at the time of entering the case, and thereby, committed the act of similarity on two occasions. The crime and method of committing the crime are very poor, and the victim who is obliged to form a favorable and correct sexual values due to the crimes of this case is disadvantageous to the defendant, such as that he/she suffered a big mental or physical pain and caused a sense of sexual humiliation.
On the other hand, the fact that the defendant recognizes all of the crimes of this case and reflects his mistake, the fact that the defendant does not want the punishment of the defendant under the agreement with the victim and his parents, and that the defendant is the first offender who has no record of criminal punishment, etc. are favorable to the defendant.
In addition, the above circumstances and the defendant's age, sex, environment, motive, means and consequence of the crime;