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The defendant's appeal is dismissed.
Reasons
1. The court below rendered a judgment dismissing the prosecutor’s request with respect to the case prosecuted against the defendant for probation order when sentenced to a conviction.
Since only the defendant appealed, the defendant does not have any interest in appeal regarding the case of probation order.
Therefore, notwithstanding the provisions of Articles 21-8 and 9(8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, the part of the judgment below's request for probation order is excluded from the scope of judgment of this court, and only the part of the judgment below's case belongs to the scope of judgment of this court.
2. The summary of the grounds for appeal (e.g., imprisonment with prison labor, four years of suspended execution, 120 hours of community service order, and 80 hours of attendance order for sexual assault treatment lectures) of the lower court is too unreasonable.
3. There are circumstances that may be considered in light of the circumstances, such as the fact that the Defendant was aware of his mistake, that the Defendant did not have any history of criminal punishment in the past, that the mother of the victim was not subject to the punishment of the Defendant under the agreement with the mother of the victim, and that the Defendant was dismissed from office due to the instant case.
On the other hand, however, the crime of this case is very heavy because the defendant, as an elementary school teacher teaching the victim, is in a position to protect and supervise the victim. However, even though the defendant is in a position to protect and supervise the victim, the crime of this case was committed against the ageer victim in the classroom.
It seems that the victim who believed the defendant, who is a teacher, was suffering from considerable mental impulse and pain due to the instant case, and this seems to have a negative impact on the formation of a sound sexual values of the victim in the future, and there is a need to punish the defendant corresponding to the responsibility for the crime.
The age, environment, character and conduct of the defendant.