Text
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for one year.
Defendant
A.
Reasons
1. The lower court within the scope of the instant court’s judgment: (a) among the facts charged in the instant case, “Defendant A is a Korean language teacher who was a teacher in the second and second half of the F secondary school in the year 2016.”
Defendant
A on June 20, 2016 between Above 20
6. 22. Between Yangsan-si, a female minor under the age of 13 was committed by assaulting the victim by force in a manner that sets the prime lux distance by force against a female minor under the age of 13, while conducting a course in the first grade class class class of F Middle School G in Yangsan-si.
Defendant
A, as shown in Appendix 1, from September 8, 2016, committed an indecent act by force over 12 times in total against the victim H, the victim J (K.) and the victim L (M) by a female minor under the age of 13, as shown in Appendix 1 of the crime committed in the judgment of the court below.
“Inasmuch as the Defendant was acquitted of the charge of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts, such as deceptive schemes against minors under the age of 13), the Defendant was not convicted of the charge of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Acts, such as deceptive schemes) as stated in the judgment below, the Defendant did not separately
As to this, only Defendant A appealed on the remainder of the judgment of the court below excluding the part not guilty in the above reasons, the part not guilty in the above reasons is to be reversed in the trial in accordance with the indivisible principle, but it has already been exempted from the object of public defense among the parties.
It should be viewed (see Supreme Court Decision 90Do2820, Mar. 12, 1991, etc.). Accordingly, the conclusion of the lower judgment with respect to the part not guilty of the above reasons is followed, and this Court does not decide separately.
2. Summary of reasons for appeal;
A. The Defendant did not have any physical contact with the victims, either by mistake of facts or by misapprehending the legal principles.
2) Even if the Defendant had a physical contact with the victims, it cannot be deemed an indecent act under criminal law.
There is no fact that the defendant exercised power against the victims.
B. The sentence of the lower court’s unfair sentencing (one year and six months of imprisonment) is too unreasonable.