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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대전지방법원 2017.11.15 2017노591
업무방해교사
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As stated in the facts charged in the instant case, the Defendant did not instruct a co-defendant A to change the criteria for handling the same points to manipulate L’s sexual records.

B. The punishment sentenced by the lower court (six months of imprisonment and two years of suspended sentence) is excessively unreasonable.

2. Judgment on the assertion of mistake of facts

A. In light of the following circumstances, the lower court acknowledged the fact that the Defendant ordered A to change the criteria for processing the same scores to manipulate L and M (hereinafter “the instant sexual manipulation”).

1) A consistently changed the standard for braille processing from an investigative agency to the original trial by the Defendant’s instruction.

The statement was made (the statement was written to the same effect as the statement submitted by the police in 2009) and A fabricated the results according to the direction of the defendant.

Even if a statement was made, it is not likely to be exempted from liability for sexual manipulation, and in light of that it was not bad between the defendant and the defendant, A does not seem to have made a false statement.

2) In 2008, a short period of experience as a high school teacher by issuing a high school teacher in 2008, who alone changed the criteria for handling the same occupation, thereby manipulating L and M’s grade.

and it is difficult to see that A made a sexual manipulation as above solely on the ground that A was a L’s fence

It is not easy to see.

3) The Defendant, as the principal of the study at the prosecution, was in charge of sexual management of L and M, and was aware of whether L and M’s Korean language performance was confirmed after the end of the first semester in 2009. On July 15, 2009, the Defendant told A about L’s Korean language writing, and discussed ways to send L to Seoul.

The results of the evaluation rating of L and M are the same in the police (second-time suspect interrogation protocol).

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