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The defendant's appeal is dismissed.
Reasons
1. The decision of the court below on the summary of the grounds for appeal (the fine of eight million won, etc.) is too unreasonable.
2. It is reasonable to respect the sentencing conditions compared to the judgment of the first instance court, if there is no change in the sentencing conditions, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court sentenced the above punishment by taking account of various sentencing conditions, such as the Defendant’s power, degree of indecent act, relationship between the Defendant and the victim, and suffering of the victim, and there is no special circumstance or change in circumstances that may be considered newly in sentencing after the sentence of the lower judgment.
Although the defendant argues that he was not a commercial person on the same position as the victim, the court below assessed his period of service or position differently, as alleged by the defendant on domestic affairs.
It does not change the nature of the crime of this case, which committed an indecent act while working with a large number of victims who have worked for a long time, not only one year after the defendant worked for the same workplace.
In addition, comprehensively taking account of the Defendant’s age, character and conduct, motive and background of the crime, etc., the sentencing of the lower court does not seem to have exceeded the reasonable scope of discretion, as it is too excessive.
Defendant’s assertion is without merit.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is groundless. It is so decided as per Disposition.