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(영문) 서울고등법원 2015.12.10 2015누44679
징계조치처분 취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

The defendant of the claim on February 27, 2014.

Reasons

1. Details of the disposition;

A. The Plaintiff and F were students who were enrolled in the sixth grade 2 of the D Elementary School located in Guri-si E at the time of Guri-si, 2013.

In November 2013, the Plaintiff and the F have started sexual intercourse.

B. On November 26, 2013, H consulted with H on November 26, 2013 (the same grade-friendly district of the Plaintiff and F) and H, the Plaintiff and F had potteries, and had potteries, and had potteries, and had potteries, etc.

Counseling Teachers G, after consultation with F on the same day, became aware that the plaintiff and F were potteries and potteries, and that the plaintiff committed an act such as having F's chests and to have F interfered with her sexual organ.

C. On December 23, 2013, the Autonomous Committee on Countermeasures against School Violence at D Elementary Schools (hereinafter “the instant autonomous committee”) held the fifth meeting of the Autonomous Committee on Countermeasures against School Violence with the attendance of a majority of the total number of members of the Committee, and the Plaintiff tried to give rise to excessive physical contact with F and sexual intercourse with the Plaintiff on the ground that the Plaintiff first attempted to give rise to excessive physical contact with F and sexual intercourse, Article 17(1)1 (Article 17(1)2 (Article 17(1)5 (Article 17(1) of the Act on the Prevention of and Countermeasures against Violence at School (hereinafter “School Violence Prevention Act”) (Article 17(1)1 (Article 17(1)2 (Article 17(1)5) (Article 17(1)5 (Article 17(1)5).

On December 24, 2013, the Defendant notified the Plaintiff’s parents of the aforementioned resolution by the instant autonomous committee.

On January 7, 2014, F’s father filed a petition for reexamination with the Gyeonggi-do Local Committee for Countermeasures against School Violence (hereinafter “instant Local Committee”).

The instant regional committee deemed that the Plaintiff committed sexual assault against F on January 27, 2014, and the Plaintiff also fell under Article 17(1)1, 2, and 5 of the School Violence Prevention Act.

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