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(영문) 서울고등법원 2018.03.06 2017노2831
아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
Text

All appeals by the defendant and the prosecutor are dismissed.

The judgment of the court below shall delete 29, 29, 3, and 29, 1, 29.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not have a position to exercise influence over the time of entering the victims and the time of entering the victims with regard to each sexual intercourse and prosecution, and thus, the Defendant did not have exercised its power against the victims.

The defendant only has a sex relationship under the agreement with the victim N, and has not committed an indecent act or sexual intercourse against the will of the victim N, and there is no fact that the victim J, M,O, or P has committed an indecent act or sexual intercourse.

It is also revealed that the defendant sent the victim, including the victims, with no her friend, and there was an assertion of sexual indecent act against any student in 2010, but there was no fault against the defendant.

The victims were forced to commit an indecent act against the defendant.

Even after a long period of time, a criminal defendant was filed with an investigative agency.

In light of these circumstances, the statement of the victims against the defendant's above assertion is not reliable.

Although the court below found the defendant guilty of each part of the facts charged, there is an error of law that affected the conclusion of the judgment.

B) As to the violation of each of the Child Uniforms Act, the Defendant did not have committed sexual abuse, such as sexual harassment, which causes a sense of sexual shame to the victims who are children, as stated in the facts constituting the crime in the judgment below.

The defendant thought the victims as the interest rate of the victim and gave advice only to the victims.

There is no credibility in the statement of the victims against this point in view of the time of the complaint.

Although the court below found the defendant guilty of each part of the facts charged, there is an error of law that affected the conclusion of the judgment.

B. The Victim P claiming the mistake of the prosecutor’s facts is the first class time of March 2012 by the Defendant.

There is no concern about it.

"A student who is required for the mind of B" means a student who is dismissed, and the time of the practical skill shall be habitually time of the practical skill.

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