The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10 million.

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

According to each statement of the victims with credibility, it is sufficiently recognized that the defendant committed an indecent act against the victims during sports classes as stated in the facts charged in the instant case.

Nevertheless, the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment.

The summary of the facts charged in this case is that the Defendant was appointed as a teacher on September 1, 1989 and served as a sports guidance teacher on March 1, 2015, who was ordered as a middle school on March 1, 2015, and the victims are female students attending the third grade of the same school.

On March 3, 2018, the Defendant forced a child victim C (V, 14 years old), who was in the middle school lecture from around 09:00 to around 12:00, and was in the middle school lecture in Daegu-gu B, Daegu-gu, to “it is necessary to do so,” and the Defendant’s body was pushed down in the rear side of the victim himself/herself, and the Defendant’s knife the Defendant’s knife on the part of the victim’s knife on his/her hand.

The Defendant, during the period from around 09:00 to around 12:00 in the middle of April 2018, against the Victim C while guiding the Eddrid sports classes at the above middle school auditorium.

A. In a manner like paragraph (1), a child victim was forced to commit an indecent act.

From around 09:00 to around 12:00 in middle of April 2018, the Defendant committed an indecent act against a child, who is a child, by forcing the victim, as the Defendant’s left hand, as he did not wrap the victim as he was at the age of 15.

In the judgment of the court below, while the defendant was in sports classes, he was unable for the victims to have a good mind, led the victims to take a part in his hands, etc. on several occasions, and he was in contact with the victims' body in the process. However, the defendant was not in contact with the victims' body.