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(영문) 청주지방법원 2021.03.25 2020구합6964
학교폭력처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff and D are students who were enrolled in the sixth grade of E elementary school at the time of 2020.

B. On August 11, 2020, the Committee for Deliberation on Countermeasures against School Violence in the Cheongju Education Support Agency (hereinafter “Committee for Deliberation”) held a meeting with respect to the Plaintiff and D. The Defendant, upon the resolution of the Committee as to August 13, 2020, issued a written notice to the Plaintiff on the ground that “the Plaintiff caused any verbal violence and physical violence,” under Article 17(1)1, 3, and 3, and 9 of the Act on the Prevention of and Countermeasures against School Violence (hereinafter “School Violence Prevention Act”), the written notice to the victim and the written notice to the Plaintiff on the ground that “the Plaintiff completed the special education and completed the education and completed the education and completed the education and completed the education of the aggressor student,” under Article 17(1)1, 3, and 3, and 9 of the said Act (hereinafter “Special Act on the Prevention of and Countermeasures against School Violence”), and Article 17(2)5 of the said Act on the ground that “the Plaintiff shall complete the education and complete the education of the victim student.”

[Reasons for Recognition] Unsatisfy, Entry of Evidence Nos. 9, 10, 11, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff asserted that D continued to play or scam the Plaintiff, etc., corresponding to the Plaintiff’s act of continuously playing or scaming the Plaintiff.

In particular, the Plaintiff’s marthing of D’s sexual organ was only during the process of responding to the Plaintiff’s sexual organ first or preventing the Plaintiff from being frighted, not the Plaintiff’s unilateral indecent act against D. Rather, D’s act, such as impairing the Plaintiff’s sexual organ, etc., was committed.

Nevertheless, it is not possible.

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