beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal is that the victim has consistently and specifically stated the facts of indecent act by compulsion on the part of the defendant at the elementary school office, playgrounds, and the entrance roads to the school of this case, and thus, the victim's statement is reliable
Nevertheless, the judgment of the court below which rejected the credibility of the victim's statement and acquitted each of the facts charged in this case is erroneous in misconception of facts.
2. The summary of each of the facts charged in the instant case is that the Defendant, from September 1, 2015 to September 1, 2015, was an assistant principal of the C Elementary School located in the Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, and that the victim D (one year old, ten years old) who was enrolled in the five years of the instant school, experienced difficulties in school life due to friendship, and had the victim meet or consulted from around October 2015 at any time.
피고인은 2015. 10.경부터 2015. 12.경 사이에 위 학교 교무실 내 피고인의 자리에서 피해자와 상담을 하던 중 피해자의 손을 잡고, 피해자가 손을 빼려 하자 손을 꽉 쥔 다음 계속하여 손으로 피해자의 팔을 쓰다듬고 어깨를 토닥였다.
Accordingly, the defendant committed an indecent act against a minor under 13 years of age.
B. From Oct. 2015 to Dec. 2, 2015, the Defendant: (a) held a mobile phone call with the Defendant during counseling with the victim; (b) held the victim’s hand, knife the victim’s hand, knife the knife the victim’s hand, knife the knife the knife, and knife the knife; (c) knife the knife, knife the knife, knife the knife of the
Accordingly, the defendant committed an indecent act against a minor under 13 years of age.
C. From Oct. 2015 to Dec. 2, 2015, the Defendant gets the victim’s grandchildren from the front entrance to the front door of the school, walked in front, rear, and walk. From Oct. 2015 to Dec. 2, 2015, the Defendant uses the Defendant’s arms with his hand by walking the retail of the victim in the vicinity of the playground where talks with the victim.