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(영문) 서울고등법원 2016.08.23 2016노1016
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The summary of the grounds for appeal is unfair because the sentence imposed by the court below on the defendant (one year and six months of imprisonment, two years of suspended execution, etc.) is too unreasonable.

The sentence sentenced by the court below against the defendant is too unfortunate and unfair.

It is unfair that the court below's improper exemption from disclosure or notification order is unfair to exempt the defendant from disclosure or notification order.

Judgment

The defendant's judgment on the improper argument of sentencing of the defendant and prosecutor all of the crimes of this case is recognized, and the mistake is divided, the defendant has no record of criminal punishment, and the degree of the indecent act of this case is significant.

The fact that it is not visible is the circumstances favorable to the defendant.

On the other hand, the crime of this case is committed by the defendant, as a teacher, who is responsible for educating students so that they may have a healthy sexual concept, preventing sexual crimes against students, and protecting students safely from sexual crimes, committed an indecent act against the victim, who is the first-year student of high school in charge of his/her participation, on four occasions, and the crime of this case is heavy, and the victim seems to have suffered considerable physical and mental pain due to the crime of this case. Nevertheless, the defendant's failure to receive a letter from the victim is disadvantageous to the defendant.

In addition, the above circumstances and the defendant's age, sexual conduct, environment, family relationship, motive and background of the crime, the means and consequence of the crime, and the sentencing guidelines established by the Supreme Court's Sentencing Committee (the scope of the recommended punishment from August to January 10) No. 1 to 3 [the scope of the crime of forced indecent conduct (the crime of forced indecent conduct/special compulsory conduct, such as forced indecent conduct by blood or intrusion upon residence) are included in the type No. 2 (the crime of forced indecent conduct/special compulsory conduct, such as forced indecent conduct by blood) in the basic area (one year to March 4). However, the upper limit of the sentence scope is limited.

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