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(영문) 부산지방법원 2019.10.25 2018노4125
강제추행등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles (Defamation part in the original judgment) A) Defendant made the same speech as indicated in this part of the facts charged (hereinafter “instant speech”), but this is merely a subjective expression of opinion and does not indicate any false fact.

In addition, there was no intention to defame the defendant.

B) The Defendant, as an assistant principal of a high school, made the instant remarks in order to protect the students’ human rights, academic rights, and stability in the management of school affairs. As such, the Defendant’s act constitutes an act for the public interest, whose illegality is excluded pursuant to Article 310 of the Criminal Act, or which does not violate the social rules, and thus, the illegality should be excluded pursuant to Article 20 of the Criminal Act. 2) The lower court’s sentence of unfair sentencing (fine 10 million won) is too unreasonable.

B. According to the evidence submitted by the prosecutor of the judgment of the court below, although the defendant could sufficiently recognize the fact that the defendant committed an indecent act on three occasions as stated in this part of the facts charged, the judgment of the court below which acquitted the defendant, which affected the conclusion of the judgment, is erroneous in the misapprehension of facts. 2) The judgment of the court below on the imposition of an unreasonable sentencing is too uneasible and unfair.

2. Judgment on the misconception of facts and misapprehension of legal principles by the defendant

A. The Defendant also asserted the same purport in the lower court, and the lower court rejected the aforementioned assertion in detail, stating in detail the judgment on the assertion.

In light of the judgment of the court below and the evidence duly adopted and examined by this court, the judgment of the court below is justified, and this part of the defendant's assertion is without merit

B. In the case where illegality is dismissed under Article 310 of the Criminal Act, the determination of whether to deny illegality is limited to the case where the act of Article 307(1) of the Criminal Act is true and solely for the public interest.

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