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The defendant's appeal is dismissed.
Reasons
The court below rendered a judgment dismissing the prosecutor's claim regarding the part of the case against which the defendant was found guilty and the part of the case for which the order to observe the protection was requested, and there is no benefit of appeal as to the part for which the order to observe the protection was requested.
Therefore, notwithstanding the provisions of Articles 21-8 and 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, the part of the judgment below regarding the request for protection observation order among the judgment below is excluded from the scope of the judgment of this court. Thus, the scope of the judgment of this court is limited to the part of the case of the defendant
The summary of the grounds for appeal (unfair sentencing) in light of the various sentencing conditions in this case, the sentence imposed by the court below (the imprisonment of one year, two years of suspended execution, and forty hours of sexual assault treatment lectures) is too unreasonable.
Judgment
Examining the various sentencing conditions in the instant case, the following are the circumstances favorable to the Defendant: (a) the Defendant appears to recognize and reflect the instant crime; (b) the victim does not want the Defendant’s punishment upon agreement with the victim; (c) the primary offender who has no record of criminal punishment; and (d) two children who have to support; and (c) the health of the wife is not good.
On the other hand, the crime of this case committed by the Defendant as a high school teacher, who is a child or juvenile under the age of 17, who is a student of the 17 who is in charge of the Defendant's own wall, parked in the dial farm road in his own car, kis and kns on both sides of the victim's kis and kbbbs, and knbbbs by khs, with his hand, and commits an indecent act by making the victim take charge of the Defendant's shoulder within the car parked in the farm road as above. On the following day, the act committed an indecent act against the victim by taking care of the victim's shoulder and taking care of the body of the victim, in light of the place and method of the crime, the victim's age, and the relationship between the defendant and the victim.