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The judgment below
The guilty portion shall be reversed.
The sentence against the accused shall be determined by a fine of KRW 15 million.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) If the Defendant had committed two times at least 10 parts of the victim B’s Hebucks, such as the case list Nos. 1, 5, 8, and 11, and the case list Nos. 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Acts, etc., No. 1, 5, 11) and the case list No. 1, there was no other student who was in the classroom did not witness.
The victim B's statement is not reliable.
B) As indicated in the [Attachment 6 and 11] List of Crimes Nos. 6 and 11, there was no fact that the Defendant had contacted the body of the victim H. In relation to the crimes described above Nos. 6, it is doubtful that there was no witness to the facts other than the victims of the instant case, since N’s statement, which is the victim’s fence, is in conflict with the above victim’s statement, and thus, there is no credibility in the above victim’s statement in relation to the part found guilty.
Nevertheless, the court below found this part of the charges guilty on the basis of the statements of the victims without credibility. The court below erred by misunderstanding of facts that affected the conclusion of the judgment.
2) The lower court found the Defendant not guilty on the ground that the penalty (fine 20 million won) declared by the lower court on the ground that it is difficult to prove that the facts charged were proven without any reasonable doubt, such as fraudulent means, etc., on the grounds that the lower court’s violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (the lower court’s fraudulent act, etc. was difficult to prove this part of the charges without any reasonable doubt) is erroneous.
However, the victims at the time are female students at middle schools of 13 years of age who are emotionally sensitive and sexual identity and values. However, even if they are descendants, grandchildren, etc. and arms and arms, they could feel a greater damage assessment compared to adults.