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(영문) 대구지방법원 2015.05.21 2014노3151
강제추행
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

A. The court below found the defendant guilty of the facts charged of this case by misunderstanding the fact although the defendant did not commit an indecent act against the victim.

B. The sentence imposed by the court below (2 million won of fine and 40 hours of sexual assault treatment program) is too unreasonable.

2. The summary of the facts charged in this case is a public educational official working as the head of the administrative office at G elementary school located in Daegu-gu, Daegu-gu, and the victim H (V, 48 years old) is a teacher of the above school.

At around 19:00 on December 20, 2013, the Defendant, at the “J” located in the Daegu Dong-gu, Daegu-gu, 19:00, by the following purport: (a) the Defendant: (b) committed indecent act by compulsion of the victim by the victim: (c) the Defendant’s fluencing of the group of faculty members and staff members, and (d) the victim’s fluencing of both the victim’s fluor by inserting two fingers; (b) the victim’s fluor and chests of the victim’s fluor; and (c) the Defendant’s fluoring of the victim

3. Determination

A. As to the judgment of the court below, the court below held that the defendant's act was a sexual harassment on the ground that the defendant's act did not constitute an indecent act by force, in light of all the circumstances such as the defendant's act was committed immediately after he was frighted, that the defendant's act was a sexual harassment, that part of his students were unfrighted even after he moved to a coffee shop, that the victim demanded disclosure of the defendant's act again at the entire teachers' meeting, that the defendant demanded disclosure of the defendant's act was about the defendant's act, and that the defendant caused sexual harassment to the victim, and that the defendant's act was about the part of the victim's sexual harassment.

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