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(영문) 대구지방법원 2020.02.07 2019노4828
아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)등
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for two years;

3. Sexual assault against the defendant for forty hours.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (three years of imprisonment, forty hours of order to complete sexual assault treatment programs, confiscation, and seven years of order of restriction on employment) is too unreasonable.

2. Although the crime of this case was committed as a high school teacher, the defendant was responsible for guiding and protecting two victims who are the female and children who are the children of high school teachers, it is recognized that the victim suffered sexual humiliation and mental suffering from the victim at the location to be directed and protected by the defendant, who is the teacher, by accessing the victims and having sexual intercourse several times, or by sending obscene message, which arouses a sense of sexual shame, and has taken the female body pictures against the victim D's will, and the crime is very bad, and the victim C is in need of strict punishment. In particular, the victim C continuously demands sexual relationship with the victim, and even if the first crime was committed, it appears that the victim suffered sexual humiliation and mental suffering from the victim at the location to be directed and protected by the victim, who is the teacher, would be very great.

However, it is also recognized that the Defendant has recognized all of the instant crimes and against the Defendant during the trial, paid KRW 8 million to the victim D in the trial, and that the said victim wanted to have his wife again, that the Defendant agreed to pay KRW 30 million to the victim C in the trial, that there is no criminal history against the Defendant, and that there is only one parent and child support to be provided.

In addition, considering the various circumstances, such as the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, means and result of the crime, the sentence imposed by the court below is somewhat inappropriate.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, since the defendant's appeal is justified.

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