beta
(영문) 서울고등법원 2019.05.10 2018노2420

아동ㆍ청소년의성보호에관한법률위반(위계등추행)

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The victim’s statement is the sole evidence of direct evidence of misunderstanding of facts and misunderstanding of legal principles. The victim’s statement is inconsistent with the objective circumstances and evidence before and after the fact of the damage, and is inconsistent with the time, and is neither more concrete nor consistent. The victim continued to find the defendant, and sent text messages to the broadcasting division, which are favorable to the defendant. The victim’s statement does not have any explanation as to the circumstances leading up to this act. The victim’s physical contact with the victim was used as a counseling method that forms a dynamic sense and a trust relationship in the process of counseling with the student. As can be known in that many other students who were consulted by this method did not cause inconvenience, the victim’s statement does not constitute indecent act because it does not go beyond the permissible scope of the act, and the victim did not have intention to commit an indecent act, and the victim did not have any intention to commit the crime. Furthermore, the victim did not have any mental force or physical force of the victim, and the victim did not have any intent to use the victim’s statement.

The Defendant committed an act like Nos. 8 to 20, and (2) the Defendant committed an indecent act and committed an indecent act against the Defendant, including Nos. 1, 2, and 5 of the Crimes List Nos. 1, 2, and 5, and (3) the Defendant determined that the Defendant exercised force during that process, and determined that “the Defendant committed an indecent act against the victim who is a child or juvenile by force” was guilty of this part of the charges.