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(영문) 서울고등법원 2017.10.20 2017노1929

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Of the facts charged in the instant case, the lower court rendered a not-guilty verdict on the charge of violating the Act on the Punishment of Children’s Uniforms (Child Abuse) No. 2 in the No. 2 of the List of Crimes Attached to the lower judgment, and convicted all the remainder of the facts charged.

Since the prosecutor filed an appeal only against the guilty portion among the judgment below and did not appeal against the acquittal portion, among the facts charged in this case, the charge of violation of the Act on the Reinstatement of Children's Child Uniforms (Child Abuse) No. 2 in the annexed Table 2 of the judgment below among the facts charged in this case is separated and confirmed as it is, and excluded from the scope of

2. Summary of reasons for appeal;

A. Defendant 1’s misunderstanding of the facts or misapprehension of the legal doctrine) misunderstanding of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts, including deceptive schemes, etc. by minors under the age of 13) is merely an inevitable physical contact to guide students, prevent safety accidents, or to express students’ interest, and thus, it is difficult to view the Defendant’s intentional act or committed by the Defendant as an indecent act.

B) Violation of the Child Uniforms Act (Child abuse) and assault (1) physical and emotional abuse and assault (part 1 of the attached Table 2 of the lower judgment) are committed by the Defendant, although there is a fact that the Defendant gets a victim’s neck, there is no fact that the Defendant saw the victim’s neck while taking a bath.

Even if there was an act such as stated in the facts charged

Even if the defendant did not bring about a textbook, he was punished for the purpose of giving lessons to students, and he was punished once, and physical and mental abuse was called physical and mental abuse.

shall not be deemed to exist.

(2) The point of emotional abuse (the part (2) 3 to 11) of the judgment below attached to the judgment below) is that the defendant used the words mixed with his lineal descendant, but it is extreme, such as 'welves' and 'Clves' as stated in the facts charged.