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The prosecutor's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal is that the lower court’s punishment (a fine of three million won, and a order to complete a child abuse treatment program 40 hours) is too unhued and unreasonable.
2. Determination
A. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). (B)
Considering the Defendant’s status as child care teachers at child care centers, the lower court determined a sentence against the Defendant by taking into account the following favorable circumstances: (a) the Defendant’s liability for the crime is not less complicated; (b) the Defendant appears to have suffered a large number of mental sufferings; and (c) the Defendant’s primary offender without any criminal power; and (d) the Defendant’s liability for the crime of this case was to look at several children (in accordance with CCTV images surveyed by the court of original instance by means of recycling and viewing, the Defendant appears to have been responsible for up to 14 children, as he did not follow the instructions; (b) it appears to have led to the instant crime to control the victimized children; (c) it appears that the Defendant was not a malicious or serious abuse in the process; and (d) the Defendant’s school’s school teachers wanted the Defendant’s preference.
C. Based on the above legal principle, there is no particular change in the above sentencing conditions compared with the court below (On the other hand, insofar as it is difficult to view that the teachers of the defendant's club wanted the punishment of the defendant in the trial, but the intent of the teachers of the club was significantly affected in determining the punishment of the defendant, it is difficult to view that the change in sentencing conditions that can change the sentence of the court below is a change in the sentencing conditions that can change the sentence of the defendant) and other cases, such as the balance in sentencing with the same crime, the defendant's age, character and behavior, motive