A. The sentence imposed by the lower court on the grounds of unreasonable sentencing (such as a fine of KRW 10 million) is too unreasonable.

B. The lower court’s unfair order of employment restriction is unreasonable to order employment restriction for one year with child and juvenile-related institutions and welfare facilities for the disabled.

2. Determination

A. As to the assertion on unfair sentencing, the Defendant committed an indecent act against the victim by putting the juvenile (student) prior to the interview in office as an instructor of a private teaching institute dealing with the student, and by putting him/her on a single-day job. In light of the purpose and circumstances of the crime, etc., the fact that the nature of the crime is very poor in light of the crime, and that the Defendant is likely to criticize the method of the crime by keeping his/her body together with the victim who was seated three times with his/her will and committing indecent act in a manner that he/she became aware of the victim, etc.

On the other hand, the fact that the defendant recognized all of the crimes of this case and divided in depth, agreed with the victim, and the first offender are favorable to the defendant.

In addition, if the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable for the appellate court to respect it, and even if considering the various circumstances, including the defendant's age, family relationship, character and conduct, and environment, it is not recognized that the sentence imposed by the court below is too unreasonable.

The defendant's above assertion is without merit.

B. According to Article 2 Subparag. 2 and Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) and Article 59-3(1) and (2) of the Act on Welfare of Persons with Disabilities, where a sentence is imposed due to a violation of the Act against the Protection of Children and Juveniles against Sexual Abuse, which constitutes a sex offense against a child or juvenile, the risk of recidivism should not be significantly low or any other restriction on employment.