아동ㆍ청소년의성보호에관한법률위반(위계등추행)
The judgment of the court below is reversed.
The defendant shall be innocent.
1. Summary of grounds for appeal;
A. The Defendant committed an indecent act against the victims by mistake of facts or by force.
Now, there was no intention to commit a criminal act.
Nevertheless, the judgment of the court below which convicted the victims of indecent act by force is erroneous in the misapprehension of facts or in the misapprehension of legal principles.
B. The sentence sentenced by the lower court (7 million won in penalty) is too unreasonable.
2. Summary of the facts charged and the judgment of the court below
A. The summary of the facts charged is that the Defendant was a person who was in office as a teacher in the first-year conference of C High School at the beginning of his school, and the victims are students who were in the first-year session of the above school.
1) On March 2015, 2015, the Defendant committed the crime against Victim D on March 2015, 2015, following the victim D (the 15 years old) who fested water in the first-class class of the above school around March 2015, around around 08:50.
The term "the victim was hump" and the victim was humped with his hand.
Accordingly, the defendant, as a teacher, committed an indecent act by force against a juvenile victim as a juvenile.
B) On June 1, 2015, the Defendant: (a) around 14:50 on June 1, 2015, around 14:50, at the above school corridor, and (b) around 14:50, the Defendant: (c) discovered the victim D; and (d) discovered the victim’s tamp with her hand; and (c) caused the victim’s her upper part
Accordingly, the defendant, as a teacher, committed an indecent act by force against a juvenile victim as a juvenile.
C) On June 5, 2015, the Defendant found the above victim D, which was found to have been using time to find another son around 11:50 on June 5, 2015, and caused the victim’s hand by hand.
Accordingly, the defendant, as a teacher, committed an indecent act by force against a juvenile victim as a juvenile.
2) The Defendant committed the crime against the victim E at the above school office around March 2015, around 12:40 to 14:00, and the above reflect.