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(영문) 서울고등법원 2019.03.12 2018노3102
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

except that, for three years from the date this judgment becomes final and conclusive.

Reasons

1. The gist of the grounds for appeal (unfair form of punishment) has influenced the sentencing of the lower court by filing a survey paper without admissibility of evidence on the trial records.

(The argument of misapprehension of the legal principles to this purport constitutes an argument of unreasonable sentencing). The court below's imprisonment (two years and six months of imprisonment) is too unreasonable.

2. The Defendant, as a teacher of the lingtopy Women’s Middle School, committed sexual harassment against a student during the class, even if limited to the victim as stated in the facts charged in the teaching room or classroom for a considerable period of time, the Defendant committed sexual harassment against the student.

Each of the crimes of this case is a bad nature in light of the relationship between the defendant and the victims, the age of victims, the details, and the means of the crime.

With respect to each of the crimes of this case, it seems that the victims who were in the process of forming sexual identity and values have suffered considerable mental impulses.

Such circumstances are disadvantageous to the defendant.

On the other hand, the defendant recognized all of the crimes of this case, and was dismissed from school due to each of the crimes of this case, and was detained for not less than 10 months.

Defendant

In addition, the intention of some victims and their protectors that they do not want to be punished against the defendant was raised in the past due to their families' death and efforts for the recovery of damage.

The degree of indecent conduct in each of the crimes in this case is very heavy.

There is no criminal record against the defendant.

These circumstances are favorable to the defendant.

In full view of the following circumstances, the lower court’s punishment is too unreasonable in light of the following conditions: (a) the Defendant’s age, career, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime; and (b) the circumstances after the crime.

3. As the appeal by the defendant is well-grounded, it is in accordance with Article 364(6) of the Criminal Procedure Act.

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