수뢰후부정처사
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (unfair form of punishment) is unreasonable in light of the following: (a) the Defendant recognized all the facts charged; (b) the Defendant directly visited to the Moel care room where F residing in the Republic of Korea due to its nature of its duties, the Defendant did not brut the suspicion of F; (c) the Defendant did not have any history of punishment heavier than imprisonment; (d) the Defendant was reduced for a considerable period of time; (c) his family members suffered a big mental and economic suffering; and (d) the Defendant is expected to be removed from the instant case.
2. However, the circumstances favorable to the defendant are that the defendant appears to have reached a gender relationship with a person subject to probation, and that the defendant's improper act is merely passive omission that the defendant did not conduct a urine test.
However, there is a high possibility of criticism in that the Defendant neglected to guide and supervise persons subject to probation with sexual intercourses with those subject to probation, and even if the Defendant had previously been punished due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes even though he had previously been punished, he was aware of the status of public officials and led to this case. In full view of all other circumstances, the lower court’s sentence is unreasonable, and it is not unreasonable in view of the Defendant’s age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, etc.
Therefore, the defendant's assertion of unfair sentencing is without merit.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.