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(영문) 광주고등법원 (전주) 2019.05.14 2018노182

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Summary of Grounds for Appeal

Defendant

The punishment of the lower court (one year and two months of imprisonment, 80 hours of completing sexual assault treatment programs, and 3 years of employment restriction) is too unreasonable.

The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

Judgment

Although the defendant is in a position to guide and protect students in good faith, he/she committed the instant crime seven times in total by taking advantage of his/her status, such as bucks and tam, etc. of the victim. In light of the details and methods of the instant crime, the number of victims and the frequency of indecent acts, etc., the victim seems to have caused considerable mental shock and sexual humiliation due to the instant crime, and the fact that the victim had to attend and make statements in the court of original instance by denying all of the instant crimes at the court of original instance that the victim had to have his/her own experience as a witness, and thus, is disadvantageous to the defendant.

On the other hand, the defendant recognized all the crimes of this case in this court late later and reflects it, the tangible power of the defendant used is relatively excessive, the defendant does not want punishment in the appellate court, the victims do not want to be punished, the defendant is the first offender, and the defendant seems to have faithfully engaged in school life for 27 years, and the defendant is dismissed from school office in this case, etc. are favorable to the defendant.

In full view of the above appellate court’s age, character and conduct, environment, motive and background of the crime, method and consequence of the crime, and circumstances before and after the crime, etc., the sentence of the lower court is deemed to be too unreasonable.

In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

. Prosecutors;