A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles in the course of investigating the collective bullying against H, there is little strict attitude for the victims to create a hot atmosphere. However, there is no statement that the victims have expressed the same desire as the stated in the facts charged or threatening the victims.

In addition, there was no intention that the defendant had the victims prepare a written statement on his own, but not had the victims write the written statement on his own, and therefore there was no intention to have the victims do any duty.

B) Even if there is room to view that the defendant in the course of investigating H's bullying by creating a somewhat strict attitude of the victims and creating a heavy atmosphere, and caused them to engage in an unobligatory act by appearance, it is within the necessary and minimum scope in the process of identifying the facts against the victims identified as the perpetrator of the group bullying, and it cannot be said that there is illegality since it constitutes not only the legitimate performance of duties of the defendant, who is the student principal teacher, but also the acts that do not violate social norms. (b) The defendant's act of causing the victims of mistake of facts to knee in the corridor in the corridor as stated in the facts charged, which led the general and average person to feel sexual humiliation or aversion, and constitutes an indecent act by compulsion against good sexual morality.

2) The sentence imposed by the lower court on the Defendant [the suspended sentence (the suspended sentence: 6 months of imprisonment)] is too unhutiled and unfair.

2. Determination

A. As to the Defendant’s assertion of mistake of facts or misapprehension of legal principles, the lower court also asserted the same purport, and the lower court on this point.