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(영문) 서울고등법원 2019.11.22 2018노3448
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of twenty million won.

The above fine shall not be paid by the defendant.

Reasons

1. The judgment of the court below which acquitted the Defendant of the facts charged in this case by rejecting the credibility of each of the statements without permission, even though there is no reason to believe that the victim or witness, who was merely a woman living together with the gist of the grounds for appeal, did not have any false facts against the Defendant, who is the teacher, and the credibility of each of the statements can be sufficiently recognized.

2. Determination

A. The summary of the facts charged in the instant case is the English teacher of C High School in Pakistan-si, and the victim D (the age of 16) is the above school student.

Around June 2017, the Defendant had been running English lessons in the English classes of the first and sixth grade classes of the above school, and had a student’s speech with the victim’s words, etc. to view the above sentences, the Defendant attempted to force the victim by compulsion, and had the victim’s back on the face, which is a child or juvenile, enter the lower side of the back of the victim’s door.

B. In full view of the following facts and circumstances, the lower court’s judgment held that the evidence submitted by the prosecutor alone was insufficient to support the Defendant’s assertion of the victim.

It is difficult to conclude that it constitutes an indecent act by compulsion, or on the ground that there is no other evidence to acknowledge it, not guilty of the facts charged in this case.

① As to whether the Defendant’s grandchildren contacted the victim, there is no evidence to acknowledge that the Defendant’s grandchildren had contacted the victim’s grandchildren, except the victim’s legal statement in the original trial, and the victim’s legal statement in the original trial was made one year after the date of occurrence of the instant case, and considering the circumstances in which the victim stated that the victim was locked at the time of the instant case, it is difficult to recognize that the Defendant’s grandchildren had contacted the victim’s legal statement alone.

(2) Whether or not the defendant has committed an offense against the victim shall be determined by the health team and the victim.

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