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(영문) 부산고등법원 2015.05.21 2015노126
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of KRW 20 million, and an order to complete a sexual assault treatment program for forty hours) declared by the court below is too unreasonable.

2. The crime of this case committed by the Defendant, a teacher, committed several indecent acts in the school group, sent obscene text messages to the victim, and the nature of the crime is not good, and even if the Defendant is a teacher responsible for protecting the students, the Defendant committed the crime of indecent act by compulsion within the school group that requires the most serious protection, and the Defendant continuously contacted the victim even though the victim expressed his intention of refusal to express his parliamentary expression, etc., is disadvantageous to the Defendant.

On the other hand, the degree of indecent act or the type of use is not much serious, the defendant recognizes and reflects all the crimes, the defendant does not want the punishment of the defendant by mutual consent with his father and the victim, the defendant is dismissed from the teaching position due to the crime of this case, and the first offender is favorable to the defendant.

In full view of the circumstances unfavorable to, or favorable to, the defendant as above, the age, character and conduct, intelligence and environment of the defendant, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, family relationship, etc., the sentencing guidelines selected by the court below is not applicable.

The court below's selection of fine and the sentence imposed on the defendant cannot be too heavy.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit, and the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act on the grounds that "the second and seventh of the facts constituting the crime in the original judgment

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