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(영문) 대전고등법원 2013.10.23 2013노261

아동ㆍ청소년의성보호에관한법률위반(위계등추행)

Text

The judgment of the court below is reversed.

The defendant is innocent.

Reasons

1. Summary of grounds for appeal;

A. Under the misunderstanding of facts, the Defendant does not have any rhympt the victim’s hand floor and dump the victim’s chest, kym the victim’s chest with hand, and rhym the victim’s hand with other hand.

Shebly, even if the defendant was the victim's chest, he did not have the intention of indecent act in the course of pointing out the victim's bad condition of uniforms.

B. As stated in the facts charged in the misapprehension of the legal principles, the act of carrying the victim's hand floor with a forum or covering the victim's chests with a hand over and rhing the victim's hand over cannot be evaluated as "indecent act".

2. Determination

A. The Defendant in the facts charged is a person who served as a sports teacher in charge at C grade Schools.

(1) On September 201, 201, the Defendant, while running sports classes at C High School dances and classrooms in Daejeon-gu Daejeon, Daejeon-gu, Daejeon-gu, the Defendant: (a) was allowing students to freely leave; (b) the victim E (the 16-year-old age) was able to unsatisfing down on a book; and (c) was unsatisfing up by the victim’s hand; and (d) took part in the victim’s hand-to-face, she was flud by gathering five descendants from the victim’s hand-to-face and satisfing.

The Defendant committed an indecent act by force against the victim by dopinging that the victim, who is a student of his course of study, knife knife the above knife and knife the knife.

B. The Defendant, at the entrance of G, G, etc. G, G, etc., in the early and after September 201, 201, committed an indecent act against the victim by force on the part of the victim, who was involved in voluntary activities of the said school at the entrance of G, etc. G, etc. G, G, etc., G, etc., which was located in the Daejeon U.S. M. M. M., the lower court determined that the said victim was dint by suffering the chest part of the chest part of the

Article 22(1) of the Criminal Procedure Act provides that “The victim shall be the victim of the crime” under Article 2(1) of the Criminal Procedure Act. Article 2(1) of the Criminal Procedure Act provides that “The victim shall be the victim of the crime.”