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(영문) 서울고등법원 2019.03.19 2018노2293
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The part of violence which was dismissed in the first instance on formal matters became final and conclusive;

No assault shall be described as the case name of the appellate court judgment.

2. Summary of grounds for appeal;

A. Considering the various facts and circumstances after the mid-term and mid-term period of June 2016, the date and time indicated in the facts charged in the instant case (indecent act by compulsion against the student), the Defendant did not have to have been in a school room with the victim, and the Defendant did not commit an indecent act against the victim’s will, the lower court found the Defendant guilty of the facts charged in the instant case, which erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The prosecutor (e.g., a fine of KRW 15 million) sentenced to the original judgment (e., a fine of KRW 15 million) is deemed to be too uneasible and unfair.

3. Judgment of the appellate court

A. Key issues, etc.: (a) whether the Defendant was at the place of school attendance (B) recorded in the facts charged at the time (in the order of June 2016) recorded in the facts charged; (b) whether there was an act recorded in the facts charged together with the victim; and (c) whether such an act was an indecent act; and (d) the Defendant and his/her defense counsel submitted impeachment evidence and impeachment materials by denying all the above facts constituting the elements of the crime.

B. A classroom and a teaching room are located in a high school principal library where the defendant served as a teacher for the location, structure, etc. of a separate school room as stated in the facts charged and the victim stated in the facts charged was enrolled.

There is a separate office in different locations from the main office, and there is a school office (the office in charge of foreign cooperation publicity office and the office in charge of the building with meal service room) for three teachers on the second floor of the separate office.

A gymnasium is located on the first floor of a villa.

The main office and the separate office are facing each other in the playgrounds.

The teaching room recorded in the facts charged is a school room in the second floor of a separate officer.

One of three teachers working in the education room of the second floor of the education hall of the education hall of the education hall shall be the defendant and the other one shall be the witness of the first instance court.

C. The indictment is written.

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