beta
Text
Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
Reasons
1. The lower court’s sentencing (five years of imprisonment) against the Defendant and the person against whom the attachment order was requested (hereinafter “defendants”) is too unreasonable as to the summary of the grounds for appeal.
2. The judgment is deemed to have filed an appeal regarding the attachment order case pursuant to Article 9(8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders inasmuch as the Defendant filed an appeal against the accused case. However, the Defendant’s statement of grounds for appeal or petition of appeal does not contain any direct grounds for appeal, and there is no grounds for reversal ex officio.
Along with the fact that the defendant led to the confession of the crime of this case, there is no record of criminal punishment, that the English language teacher of middle school seems to faithfully guide students, that family and social relationship seems to be relatively clear, and that the defendant deposited KRW 20 million each for the victim E, G, F, and J, and that there is a reason to take into account the defendant's sentencing in favor of the sentencing.
However, the crime of this case is committed by the defendant, who is a middle school teacher and a club leader, repeatedly commits the victims at his own home or on several occasions, and assaults the victim J. who resisted the crime, and the crime of this case is very poor in light of the circumstances of the crime, the method, frequency, the relationship between the defendant and the victims, etc.
Although the defendant is in a position to guide and guide the victims as teachers of the victims, it is rather likely that the victims are taking advantage of such position as instruments to resolve their sexual desire, and there is a greater possibility of criticism.
It is clear that a cleaning agent has given the victims a sense of sexual humiliation and mental impulse that they cannot have sexual identity and values due to the crime of this case.
In consideration of these reasons for sentencing, it is considered.