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The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
Reasons
1. The sentence of the lower court (one year of imprisonment, two years of suspended execution, and forty hours of lectures to treat sexual assault) on the summary of the grounds for appeal by the Defendant is too unreasonable.
2. Determination on the grounds for appeal by the Defendant is recognized that the instant crime committed by the Defendant, a teacher to protect students from sexual crimes and educate students so that students can grow with a healthy sexual concept, committed indecent acts on several occasions, and that it is not good that the Defendant committed the instant crime, and that at the time of high school 1, the victims who were victims of the instant case who had been at high school 1 appears to have suffered considerable sexual humiliation and mental impulse.
However, the defendant is a primary offender with no criminal history; the degree of force of the crime of this case is weak; the degree of indecent act is also not only more severe; the defendant has been engaged in school position for not less than 10 years; the defendant has submitted a written application for coaling against the defendant; in particular, when the defendant was in a trial, the defendant is recognized as all of the crimes of this case and the victim does not want the punishment of the defendant; and in full view of other various circumstances, such as the defendant's age, sex, sex, environment, family relationship, motive, means and consequence of the crime, the circumstances after the crime, etc., the punishment of the court below is too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.
[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is true in accordance with Article 369 of the Criminal Procedure Act.