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(영문) 광주고등법원 (전주) 2016.12.13 2016노169
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year and six months of imprisonment, and one hundred hours of completing sexual assault treatment programs) is too unreasonable.

2. The fact that the defendant was the first offender who has no criminal power, the confession and reflects the crime of this case, the court below agreed with 14 out of 26 victims, and the victim did not want the punishment against the defendant, the defendant appears to have worked in good faith for about 34 years while serving in school, and the social relationship of the defendant is relatively clear, such as submission of a written application by family members, club teachers, and third parties, etc., in favor of the defendant.

However, the defendant was in the position of a teacher to educate students so that they can form a correct sexual identity and values.

Teachers are obligated to protect students and report to investigation agencies on their duties when they become aware of the occurrence of sex offenses against students, and the law requires aggravated punishment when those persons obligated to report commit sex offenses against juveniles who are protected by them.

Since the Defendant continued and repeatedly commits an indecent act against students in a relatively unfavorable position by iceizing educational activities in a school, which is an educational field, the possibility of such criticism is very high, and the degree of the instant indecent act cannot be deemed to be light.

The victims who were in the time when the crime of this case was committed by the Defendant’s emotionally and personality formed, appears to have undergone a crisis that leads to harming the mental impulse and sexual inequality and the trust of the teachers and the schools, and further, the victims were sexually involved, so that the perpetrator could have an influence on his career, so that they were indecent acts from the Defendant or feasible acts are committed by their relatives.

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