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The prosecutor's appeal is dismissed.
Reasons
1. The lower court dismissed the prosecution against the intimidation of the victim B among the facts charged in the instant case, and convicted the remainder of the facts charged.
Since the prosecutor appealed only to the conviction portion, [the prosecutor stated the scope of the appeal in the petition of appeal as "total," but stated the phrase "(inducingly unfair)" on the side of the petition of appeal, and stated only the grounds of appeal on the conviction portion, and there is no statement in the grounds of appeal concerning the dismissal portion, and thus the prosecutor appealed only to the conviction portion of the court below, and it is interpreted that the prosecutor appealed only to the conviction
The scope of this court's judgment is limited to the conviction of the judgment below.
2. Summary of grounds for appeal;
A. The sentence imposed by the lower court on the grounds of unreasonable sentencing (eight million won by fine) is too uneased and unreasonable.
B. In relation to the crime of unfair indecent act by force, the lower court exempted the Defendant from the employment restriction order even if there is a need to add the employment restriction order to prevent recidivism, since the Defendant committed a crime against many victims by taking advantage of social status and the status as a teacher.
3. Determination
A. As to the assertion on unfair sentencing, the Defendant assaulted a female student, etc. working as a teacher by considering the part of the school student’s work as well as by inducing the female student to take charge of his/her hand or to shoulder his/her hand.
The victims seem to have been suffering from mental impulses, such as humiliation and sexual health.
The defendant was unable to receive a letter from the victim C of the assault.
On the other hand, the defendant recognized his mistake and reflects his mistake in the past.
The defendant does not want the punishment of the defendant by agreement with the victims of indecent acts by compulsion.
The crime of this case appears to have been punished by contingency while under the influence of alcohol.