Text
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 15 million.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. Meritorious of the legal principles [the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act on the Abuse of Occupational Authority, etc.] is an offense subject to victim's complaint, and the victims have cancelled their complaint before the judgment of the court below is rendered.
Therefore, although the prosecution should be dismissed as to this part of the facts charged, the judgment of the court below which found the guilty guilty is erroneous in the misapprehension of legal principles
B. The sentence imposed by the lower court (including fine 15 million won, and completion of sexual assault treatment programs 40 hours) is too unreasonable.
2. In a judgment upon ex officio, the charge of violation of Article 10(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012; Act No. 11556, Dec. 18, 2012; Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012; Act No. 1156, Dec. 15, 2012; Act No. 11556, Jan. 1, 2012; Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 1156, Dec. 18, 2012; Act No. 11556, Dec. 15, 201) is an offense falling under Article 10(1) of the same Act.
According to the records in the instant case, the facts charged by the Defendant are recognized by reporting each of the instant facts charged by the Defendant to the investigation agency on October 29, 2013, the victim H on November 18, 2013, and the victim G on November 19, 2013, and by declaring the Defendant’s intent to seek punishment.
On the other hand, the victims were aware of the facts of the crime of this case immediately after they were committed by the defendant, and each of the above complaints by the victims was committed from March 2012 to July 2012.