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Defendant
In addition, all appeals filed by the claimant for observation order and the prosecutor are dismissed.
Reasons
The summary of the grounds for appeal is that the punishment (the disclosure and notification of personal information for three years, five years, and five years employment restrictions) that the court below rendered by the defendant and the claimant for the order to observe the protective order (hereinafter referred to as the "defendant") is too unreasonable.
There is a risk of illegal recidivism of a protective observation order;
It is unreasonable that the court below ordered the defendant who is difficult to view to observe the protection for three years.
The above-mentioned sentence sentenced by the court below is unfair because it is too unhued.
Judgment
Examining the various sentencing conditions of this case regarding both parties' unfair judgment of sentencing, the defendant shows the attitude of recognizing and opposing all of the crimes of this case, the defendant is the first offender who has no record of criminal punishment, and the court below deposited the victim C and D with the victim as the person who has been entrusted with the victim, and made an effort to recover damage, such as making an additional deposit of KRW 10 million with the two victims as the person who was entrusted with the victim at the trial of the party, and making an additional deposit of KRW 10 million with the victim as the person who was entrusted with the victim on December 14, 2018. In the future, the court below confirmed his sexual identity through mental counseling, etc., and will not prevent these errors once again.
The fact that the defendant's mother has been suffering from dementia, the fact that the health of the defendant is not good, the family and friendships of the defendant, and his son, etc. want the defendant's wife, and the fact that social ties are good is favorable to the defendant.
However, the crime of this case committed by the Defendant against six victims of juvenile students, who are the interest recipients of the Orchea Group, as a middle school music teacher, from September 2016 to February 1, 2018, by coercion or force for about 17 occasions during the period of 1 year and 6 months from around September 2016 (i) was committed by force against the victim C, and the victim’s sexual organ was put into his own entrance.