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(영문) 대구지방법원 서부지원 2018.10.18 2018고합128
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is that the Defendant was appointed as a teacher on September 1, 1989 and served as a sports guidance teacher on March 1, 2015 after being ordered as a middle school on March 1, 2015, and the victims are female students attending the third grade of the same school.

A. On March 2018, the Defendant: (a) from around 09:00 to around 12:00, while guiding the class of Eddiveton sports at a middle school lecture located in Daegu Seo-gu, Seogu, Daegu-gu; (b) during the course of giving guidance to Edddiveton sports classes, the Defendant “this is necessary to do so” to the Victim C (hereinafter “The Defendant”)

“In doing so, the victim, who is a child, was forced to commit an indecent act, such as breaking the body of the defendant at the rear side of the victim, and breaking the defendant’s knife on the hand, etc. of the victim.”

B. The Defendant: (a) from around 09:00 to around 12:00 on April 2018, 2018 to around 12:0, against the Victim C while rendering guidance for Edddton sports classes at the above middle school lecture;

A. In a manner like paragraph (1), a child victim was forced to commit an indecent act.

(c)

From around 09:00 to around 12:00 on April 2018, the Defendant committed an indecent act against a child, who is a child, by forcing the victim to take away from the victim’s left hand, as he was aware of the victim D (n, 15 years of age) while giving a table of sports classes in the middle school lecture of the above middle school.

2. While the Defendant and his defense counsel asserted sports classes at the bar, the victims were unable to have good mind, and the victims were able to take their descendants and actions on several occasions. During this process, the Defendant’s physical contact with the victims’ body was not intended to force the victims. However, the Defendant’s physical contact with the victims was not intended.

3. Determination

A. Article 307(2) of the Criminal Procedure Act provides that “The recognition of facts constituting an offense ought to be proved to the extent that there is no reasonable doubt.”

“.......”

Therefore, the recognition of conviction in a criminal trial is room for a judge to make a reasonable doubt.

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