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(영문) 수원지방법원 2017.09.13 2017구합64195
처분취소청구의 소
Text

1. The Defendant’s written intent to the Plaintiff on April 24, 2017 to the victim student, the victim student, and the reported or accused student.

Reasons

Details of the disposition

The plaintiff is a middle school student attending Osan D High School in the second and fifth grade.

On April 24, 2017, the Autonomous Committee on Countermeasures against School Violence at Osan D secondary Schools (hereinafter “instant autonomous committee”) held each meeting of the autonomous committee (hereinafter “instant meeting”) and decided to request the Defendant to take measures to “the Defendant to take measures to ensure that “the Plaintiff was sexual harassment against the Plaintiff on the ground that “the Plaintiff had sexual intercourse, such as having a sexual intercourse and sexual intercourse with a female student who was in the vicinity of his house with a female student who was drinking at his house,” and that “the Plaintiff was sexual intercourse with a female student who was in the vicinity of his house (hereinafter “instant resolution”). The Defendant’s written apology against the victim student, the prohibition of contact with, intimidation and retaliation against the victim student and reported or accused student, community service (five and six hours in total) (five and five hours in total), the number of special education completed (five and five hours in total for five and five hours in total), and the completion of the education at home and abroad (five hours in total for five and five hours in total for five hours in each day of the student”).

(No. 8-1, 2). On April 24, 2017, the Defendant notified the Plaintiff of the instant decision (No. 8-3, hereinafter “instant disposition”).

In the instant disposition, the Plaintiff stated that “The cause of the measure: Sexual assault - around 19:30 on March 17, 2017, the Plaintiff would have sexual assault against F students at Omp Emp Emp Emp games.”

【In the absence of dispute on the grounds of recognition, Gap evidence Nos. 1 and Eul evidence Nos. 8-1 through 3, the assertion of the purport of the whole pleadings, and the plaintiff’s assertion of judgment as to the purport of the disposition of this case was made on the ground that the plaintiff exercised sexual violence against F, as stated in the disposition of this case, on the ground that the autonomous committee of this case did not force the F student, or did not commit sexual harassment against the said student.

The disposition of this case is illegal as a deviation or abuse of discretionary power due to mistake of facts.

The defendant asserts that "the defendant" is the plaintiff's chest of F student F student, and the sex relation is defective and F.

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