아동ㆍ청소년의성보호에관한법률위반(위계등추행)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Sexual assault against the defendant for forty hours.
1. Summary of grounds for appeal;
A. In so determining, the lower court erred by misapprehending the facts and misapprehending the legal doctrine by misapprehending the legal doctrine on each of the facts charged of this case, on the basis of the victim’s statement without credibility, and thereby convicted all of the charges of this case.
1) Article 1-1 (Crimes against Victims E) of the facts constituting the crime of the lower judgment as indicated in the judgment. ① In relation to Article 1-1 (A) of the facts constituting the crime of the lower judgment, sports officers are open at all times so it is impossible for the Defendant to commit an indecent act against the victim E, and even if the Defendant committed an act
It can not be evaluated as an indecent act that causes sexual humiliation to the general public objectively.
② With regard to the crime No. 1-B., the Defendant cannot commit an indecent act by giving the victim E, on the ground that, when a student of C High School D sports unit (hereinafter referred to as “sports unit student”) completes a night campaign and enters a dormitory after completing a night campaign, a private teacher cannot lock the entrance door.
(3) Criminal facts of judgment No. 1-C.
In relation to the claim, the statement about the damage content of the victim E is not consistent with the circumstances at the time of the prosecution, and there is no way that the defendant orders any of the students of the sports division including the victim E to cause a confusion, after the night movement is completed.
(4) Facts constituting the offense No. 1-D.
In relation to the claim, at the time, the defendant was sent to his parents in sing room, and the defendant was not in one room with his parents.
2) As to the crime No. 2 (Crimes against Victim G), this part of the facts charged in the judgment below does not specify the date and time of the crime.
The occurrence date of the case claimed by the victim G is presumed to be August 5, 2011, but on that day, since the sports unit students were returned to Korea at around 17:30 after completing the p.m. training, there was no need for the defendant to take the victim G at night at the latest.
In addition, the inside structure of one defendant's car engine is different.