The defendant's appeal is dismissed.

1. The gist of the grounds for appeal is whether the Defendant should have the official record before the victim during night-time self-learning hours;

Then, by examining the policies : (a) whether or not the size of Round is equal to the size of lap’s study;

Whether the avoidance rate exceeds 90% or not;

The Defendant made a statement, “,” etc. (hereinafter “the instant statement”), Inasmuch as the Defendant as a teacher at school did not attend the course of self-learning as well as other students, it was deemed that there was no intention to cause a victim’s sexual humiliation. Since the first grade student’s specific method of receiving the instant statement falls under the scope of giving an interim examination for interest subject to performance evaluation, the content of the instant statement was familiar with the students, including the victim, and thus, did not cause a sense of sexual humiliation, the lower court erred by misapprehending the legal doctrine, thereby adversely recognizing the Defendant guilty of the instant facts charged.

2. Judgment on the grounds for appeal

A. The lower court found the Defendant guilty of the instant facts charged on the following grounds.

1) The instant statement was made by the Defendant, a male teaching staff member, who is responsible for female students, to whom the victim was the victim at night, on an open space in which another student is reported at night.

2) The instant statement is related to sexual conduct, and it is not related to the social subject in charge of the Defendant, nor is it made during the teaching process of specific subjects. The objective of the statement is not particularly important for learning, and it does not seem that it is related to the educational purpose of the victim, such as inducing the learning motive.

3) The circumstances leading up to the Defendant’s above remarks, such as the Defendant appears to have closed off improper sexual remarks against female students during the course of class and instruction, etc.