The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The punishment sentenced by the court below against the defendant (two years of imprisonment with prison labor and six years of suspended execution) is too unreasonable.

Judgment

It is more favorable to the defendant that the defendant's mistake is divided in depth, that the degree of indecent act is not very serious, that the victim does not want the punishment of the defendant, that the students and the teachers of the school where the defendant works and the school teachers want to take the action against the defendant.

On the other hand, the crime of this case is committed by the defendant, who is a high school sports teacher, under his protection and supervision (the defendant served as a teacher in charge of the victim), that female children and juveniles were moving into a rare place in the school and forced by force, and thus, the nature of the crime is very poor. The crime of this case can easily be seen to have suffered a lot of mental sufferings due to the crime of this case, and that the defendant has a record of being punished once for a crime related to sexual traffic around 2005, which is disadvantageous to the defendant.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, motive, background, means, and consequence of the instant crime, as well as the recommended sentencing range (one year and six months to two years of imprisonment) and the standards for suspension of execution according to the sentencing guidelines established by the Supreme Court Sentencing Committee, the sentence imposed by the lower court against the Defendant is deemed appropriate, and it is not determined that the sentence is too unreasonable.

Therefore, the defendant's assertion is without merit.

Therefore, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.