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(영문) 대전고등법원 2015.01.30 2014노490
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing (two years of imprisonment) is too unreasonable for the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”).

B. The lower court’s sentencing is too uneasible and unreasonable.

2. If the judgment prosecutor files an appeal against the accused case, it is deemed that the prosecutor filed an appeal against the attachment order case pursuant to Article 9(8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders. However, the prosecutor’s appeal to this part of the appeal is groundless, without stating the grounds for appeal or the petition of appeal filed by the prosecutor.

In full view of all kinds of sentencing grounds, including the fact that the nature of each of the crimes of this case was extremely poor in light of the background, frequency, method, and relationship between the defendant and the victims, and that the defendant was in a position to guide and guide the victims, but instead, it is more likely to criticize each of the crimes of this case by taking advantage of such position. It is more likely that the crime of this case was committed, and that there was a big sexual humiliation and mental impulse to the victims at the time when the sexual identity and values were formed due to the crime of this case, but no particular measure was taken for the recovery of damage was taken. Meanwhile, the defendant appeared to be against his mistake; the defendant had no history of criminal punishment until now; the defendant seems to faithfully guide students as his teacher; in this case (it is difficult to view that the court below's sentencing is too excessive or excessive within the scope of one year to June 1, 200) according to the sentencing guidelines of the Sentencing Commission after the sentence of the judgment below (it is difficult to consider that the defendant has contributed five million won to the public institution).

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