The judgment of the court below is reversed.

Defendant shall be punished by a fine of seven million won.

The above fine shall not be paid by the defendant.

1. The decision of the court below on the gist of the grounds for appeal (the imprisonment of eight months, the suspension of execution of two years, and the order to attend lectures) is too unreasonable.

2. Although the judgment requires high ethical awareness as an elementary school teacher, the defendant needs to commit the instant crime against the third party, and requires strict punishment against the accused.

However, each of the crimes of this case was taken by the body of the victim with a considerable distance from the body of the victim to the degree of infringement against the victims, and it was very serious for the defendant to have committed the crime of this case, and it was recognized that the defendant was guilty until before the crime of this case was committed, that the defendant did not have any record of criminal punishment until before the crime of this case, that the defendant lost his position as a teacher in this case, and all of the sentencing conditions in the records and arguments, including the defendant's age, sexual behavior, environment, circumstances after the crime, etc., are considered to be too heavy. The punishment imposed by the court below is too excessive.

The decision is judged.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

The summary of the facts constituting an offense and the summary of the evidence acknowledged by this court is as follows: (a) except for the addition of “the Defendant’s oral statement at the trial court of 1.1” to the column for the evidence of the lower court’s judgment, as stated in each corresponding column of the lower court’s judgment; and (b) thus, it is cited as it is in accordance with

Application of Statutes

1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, concerning the relevant criminal facts and the selection of punishment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.