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(영문) 전주지방법원 군산지원 2013.04.26 2012고합316

아동ㆍ청소년의성보호에관한법률위반(위계등추행)

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant is a teacher in the second and third classes of D High School in the Kunsan-si. A.

On May 3, 2012, the Defendant: (a) around 11:40, the early 3rd session of the above school, and at around 11:40, the 2nd specialization room of the above school, and (b) the victim E (the 17th age), who is a anti-student student, the Defendant sought to open the area in order to apply for early withdrawal from the school; (c) connected the son and the victim with 2nd to treat the open area; and (d) made the victim's refusal to do so on his/her own, the Defendant divided the victim's shoulder to his/her son and the son to his/her son, thereby committing an indecent act by force against the juvenile.

B. At around 12:30, which was the first instance time of May 2012, the Defendant: (a) connected the victim F (the 16-year-old age), who is a student of the lower school, to find out in order to file an application for early withdrawal from the school; (b) led the victim and the victim to treat the open location; and (c) made the victim’s refusal to do so on his/her own face, then divided the victim’s shoulder into the victim’s shoulder to his/her hands, and then committed an indecent act by force against the juvenile.

2. Although the defendant's assertion of the above facts charged, at each time and at each place specified in the above facts charged, the defendant made the victims unsatisfy on his/her will and took the victim from the shoulder to the satisfy on his/her will, the defendant's act cannot be deemed an indecent act by force, and the defendant did not have any intent to commit an indecent act.

3. "Indecent act" means an act that causes sexual humiliation or aversion to the public objectively and contrary to good sexual morality, which infringes on the victim's sexual freedom, and whether it is so determined should be carefully determined by comprehensively taking into account the victim's intent, gender, age, relationship before the offender and the victim, circumstances leading to the act, specific manner leading to the act, the surrounding objective situation, and the sexual moral sense of that age.