Text
The judgment below
The part of the defendant's case shall be reversed.
Defendant
In addition, a person who requests an attachment order shall be punished by imprisonment for three years.
Reasons
1. Summary of grounds for appeal;
A. In full view of the evidence that the victim of misunderstanding of facts has consistently stated that he/she suffered sexual assault by the defendant and the respondent for an attachment order (hereinafter “defendant”), and that the victim’s statement has credibility, and thus, the victim’s statement is deemed to have committed an indecent act by force on the part of the victim.
Therefore, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.
B. It is unreasonable for the lower court to dismiss the request for the attachment order of this case, even though the Defendant committed an indecent act by force against the victim as above, and thus dismissed the request for attachment order of this case.
2. The summary of the facts charged in the instant case was the Defendant, from March 1, 201 to October 14, 201, at the E-middle school located in Donnam-gun, as music teachers. The Victim F (V, 14 years old) was the said E-middle school students.
At around 20:30 on September 20, 201, the Defendant: (a) 20:30, the Defendant she met the victim in the vicinity of the camping site of the ready-mixed facility in Korea, or talked about music-related matters; (b) her chest by placing the victim into the victim’s inner part; (c) her breast by continuing parking the victim; (d) her breast by placing the victim’s finger into the victim’s inner part; (d) her breast on September 26, 201, around 20:30, the Defendant 1 took the victim’s chest around the above place; and (e) her breast on September 20: 20:30, the Defendant 1 took the victim’s chest and her breast on the part of the victim; and (e) put the victim’s chest into the victim’s chest and her breast on the part of the victim; and (e) put the victim’s chest into the victim’s chest around 200,000.