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Defendant
All A and prosecutor appeals are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court’s sentence against Defendant A (one year of imprisonment, etc.) is too unreasonable.
B. The sentence of the court below against the prosecutor (the defendant B: the fine of 5 million won) is too uneased and unfair.
2. Determination
A. The crime of this case against Defendant A committed an indecent act against the victim, who is a teacher, with the duty to properly guide and protect the victims so that they may have a sound sexual morals, on several occasions. Rather, the defendant committed an indecent act against the victims on several occasions. The crime of this case is very poor in light of the details and content of the crime, the period of the crime, and the frequency of the crime, etc., and the victim of the crime of this case reached 18 persons, and some victims still want to punish the defendant.
On the other hand, the fact that the defendant recognized all of the crimes of this case and reflects his mistake in depth, that the defendant is the first offender, that some victims do not want the punishment of the defendant, that the defendant additionally agreed with some victims or deposited a certain amount of money, and that many of the teachers and staff and third parties want to leave the defendant's preference, etc. are favorable to the defendant.
Considering the above circumstances and other factors of sentencing as seen above, comprehensively taking into account the Defendant’s age, career, character and conduct, environment, motive and background of the offense, means and method of the offense, as well as the circumstances after the offense, etc., the sentence against the Defendant cannot be deemed to have been excessively heavy or unhurdly exceeded the sentencing discretion.
B. The crime of this case against Defendant B was committed by the Defendant, who is obligated to properly guide and protect the third party as a teacher, and committed an uneducated and urgent speech and behavior against the victims, thereby abusing the victims emotionally.