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(영문) 대구고등법원 2017.07.13 2017노215
아동ㆍ청소년의성보호에관한법률위반(위계등추행)등
Text

The defendant's appeal is dismissed.

Reasons

The court below dismissed the prosecutor's request for attachment order while pronounced guilty on the part of the defendant's case, and only the defendant appealed.

Therefore, the part of the judgment below regarding the claim for attachment order among the judgment below is without a benefit of appeal, and despite Article 9 (8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, the part regarding the claim for attachment order among the judgment below is excluded from the scope of the judgment of this court, and the scope of the judgment of this court is limited to

The decision of the court below on the summary of the grounds for appeal (one year of imprisonment, one hundred and twenty hours of completion of sexual assault treatment programs) is too unreasonable.

Judgment

Examining the various sentencing conditions in the instant case, the following are favorable to the Defendant: (a) the Defendant appears to reflect the wrong when intending to commit a crime; (b) the Defendant appears to have faithfully served as a teacher for about 27 years since 1989; (c) the primary offender who has no record of such crime; and (d) the Defendant’s family members and branch members, etc. complained of the preference.

On the other hand, the crime of this case is committed by a private person, who is obliged to protect and supervise the students, under the consultation with the victims who are the first grade students of high school, and committed similar acts or indecent acts in a scientific preparation room or in a school room or in a school room four times with his own principal part of the case. The crime of this case is committed in light of the details and methods of the crime, place and frequency of the crime, and the relationship with the victims, etc., the crime and the circumstances are bad and bad. The victim caused severe mental pain and sexual humiliation, and the victim seems to have a negative impact on the establishment of sexual identity and values in the future growth process. Nevertheless, the fact that the victims did not receive a letter from the victim is disadvantageous to the defendant.

As above, the defendant is favorable or unfavorable to the defendant.

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