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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
The request for the attachment order of this case is dismissed.
Reasons
1. Facts constituting the offense and the grounds for requesting an attachment order;
A. From March 1, 2005, the Defendant and the respondent for an attachment order (hereinafter “Defendant”) served as a teacher in charge of wooding at F Schools, a public special school in Western-gu E from March 1, 2005.
On October 1, 2010 through November 201, the Defendant committed an indecent act by putting his hand in the clothes of the victim, following the victim, etc., who was a student of the above school, in a bS (n, 18 years of age) in the above school bS (n, a student of the above school) was going to run a booming business from the defendant, and was able to do an indecent act by taking advantage of the victim's state of refusal to resist, and then putting him in the clothes of the bS (n, a student of the above school).
B. A criminal defendant has committed a sexual crime against a person who has a physical or mental disability under the age of 19, and is likely to recommit a sexual crime.
2. Summary of the defendant and his defense counsel's assertion
A. It is difficult to view that the date and time of the charge against the Defendant was specified in the “A.m. between October 201 and November 201.”
B. The Defendant did not commit an indecent act against the victim at the time and place of the ruling.
3. The "date" of a crime under Article 254(4) of the Criminal Procedure Act, which prescribes the specific method of the facts charged as to an unspecified assertion of the facts charged, requires a statement to the extent that it does not conflict with double prosecution or prescription, and the "place" requires a statement to the extent that it can judge territorial jurisdiction, and the " method" requires a statement to the extent that it indicates the elements of a crime, and the legislative purport of the law requiring that it must be equipped with three specific elements of the facts charged charged is ultimately to limit the scope of the defendant's defense to facilitate the defense of the defendant. Thus, the facts charged are specific as a whole.