2015 Highest 412 Child Welfare Violation

2015 initially 210 Application for a compensation order

A

Kim Jong-American (prosecution), and a trial

Law Firm Corporation (LLC, Attorney Park Jae-C

D, E,F

E is a minor, and vice-D

Law Firm GH, I, and J

August 16, 2017

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

All applications for compensation order filed by an applicant for compensation shall be dismissed.

Of the facts charged in the instant case, Nos. 1 to 9, 11, 12, and 16:

The defendant is not guilty of violating the Child Welfare Act of 22, 30, 32-36, 38, 40, 49-52, and 59.

The summary of the judgment of innocence shall be published against the defendant.

Criminal facts

On March 1, 2011, the Defendant was appointed as a sports teacher to L Middle School, a middle school annexed to K High School, and has been assigned from March 1, 2012 to the head of the students, and has been engaged in the duties of instruction of students, such as education on the prevention of relative smoking of students, education on the training of other students, etc.

A middle school teacher shall not engage in abuse against a child who causes harm to his/her body or emotional abuse that may injure the mental health and development of a child, and if deemed necessary for education pursuant to the Elementary and Secondary Education Act, he/she shall discipline or guide a student, as prescribed by Acts and subordinate statutes and school regulations, and when taking disciplinary action, he/she shall do so with an educational protection in which the human rights of the student is respected. In providing guidance to a student, it shall not exceed the extent that it is recognized as necessary for education, and it shall not exceed the extent that it can be accepted by social norms, even in the method and degree of guidance.

Nevertheless, on March 2014, the Defendant: (a) from 2014, at L Middle Schools located in M. 1, the victims N.O., who were exposed to smoking in the middle 201; (b) was forced to undergo a urgical test by chill kis; (c) the victims were unable to enter the school for about 3 days; (d) approximately 1 week after excluding holidays; (e) the victims were knee and kneed in the school room; (b) 1) the two knicks down on the floor of the school room; (c) 13:0 to 3:00 to 13:30 to 4:50 to 14:0 to 50 to 14:50 to 50 to 14:50 to 130 to 14; and (c) the victims were kneing at the school room.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness P, Q, D, E, F, R, S, T, U, and V;

1. Each statement made by a witness W in the fifth and sixth protocol of the trial;

1. Partial statement of each prosecutor's protocol of examination of the defendant against the defendant;

1. The prosecutor's statement concerning the F;

1. Each police statement on P,0, Q, W, D, E, F, V, and T;

1. Each statement of N, S, Q,0, and F (including copies);

1. Ten copies of a complaint;

1. Each record of U;

1. Copies of each reflective document, each note, and each letter;

1. Statement of seizure of each police;

1. Implementation of non-smoking education for students and smoking inspection, records of school life detailed matters, Liology in 2013;

The eclocks Counseling Receipt Book (N), School Life Regulations, and Expenditure Resolution (Purik for the fiscal year 2013)

Tt, after-school operation plans, after-school after-school program in 2014, after-school program, after-school program in 2014

and meeting of the relevant school guidance committee, each school schedule, each plan and meeting minutes of the relevant school guidance committee;

Results and guidance plans, and the ledger of disciplinary actions of the guidance committee;

1. On-site photographs, photographs related to the confirmation of each dystroph, photographs of each seized article, and a description of each dystrop reading;

Photographs photographs, fluoric motion picture of each of 0 N

1. Each internal investigation report and investigation report (with respect to the confirmation of the cat of the cat, relating to the voluntary submission of the cat; N.

X high Lesling Ministry's confirmation report on the date between the sports, and confirmation of LG bachelor's academic schedule)

* The summary of the principal evidence of other specific facts of crime is as stated in the column of "major evidence" in attached Form 1 (Matters of abuse recognized).

Application of Statutes

1. Article applicable to criminal facts;

○ Violation of the Child Welfare Act due to each emotional abuse in the judgment: Article 71(1) of each Child Welfare Act

Sub-paragraph 2, Article 17 Subparagraph 5

○ Violation of the Child Welfare Act due to each physical abuse in the judgment: Article 71(1) of each Child Welfare Act

Sub-paragraph 2, Article 17 Subparagraph 3

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (physical abuse acts and emotional studies included in the crime by date on the market)

Agency Vice-ranking)

1. Selection of punishment;

Each Imprisonment Selection

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following consideration of favorable circumstances among the reasons for sentencing):

1. Orders for compensation;

Articles 32(1) and (2), and 25(3)3 and 4 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (Defendants)

The scope of liability for compensation is not clear and it is reasonable to issue a compensation order in the criminal procedure.

Since the applicant's application for remedy is not dismissed in entirety)

Judgment on Defendant’s argument

1. Facts of recognition;

According to the results of the examination of evidence duly adopted by this Court, the following facts are recognized:

A. N changed schools to L Middle Schools (second grade year) on July 8, 2013 due to his father’s workplace problems. After the change of schools, N sent friendly with the same Ban 0, Q, Q,W, R, etc., and 0 leakages 2, etc. are also close to 0.

B. 0, Z, etc. were discovered by N while smoking prior to a clerical error in the change of schools, and the N began to smoke together with the above-child relationship after transfer to Lmiddle Schools.

(c)The main contents of N, including smoking and flying from the date of transfer to LII, and the holding of the guidance committee and the progress of its guidance shall be as follows:

○ Tobacco is exposed at the 0th of July 2013, 2013, and the provisional inspection on N, and contained in such a inspection.

P will be responsible for giving guidance to P on P and P, the police statements of the Defendant (Records 1040 pages);

P, each legal statement of P, T

○ In around August 2013, around N, around 013, from the apartment stairs of N’s residential apartment to smoking, bathing, etc.

A statement(NU) shall be discovered by being a civil report and shall be made by P to provide guidance and guidance to P

373 pages)

○ On September 2013, 2013, NN used the conflict with East E, and NN used the conflict with the East E, and N. P.

A statement (record 373 pages) by which the defendant requests his life to furnish life guidance to him;

○ The place of living from P in the case of being discovered while smoking in the AA Mte frame around October 2013.

N Reports (Records 373 pages), P's legal statement

○ On October 12, 2013, around AB convenience stores and beverages, and the fighting match [N statements (records)]

354 pages), each legal statement ofO,P, andT

○ Counseling with D on October 14, 2013 due to a fighting with N's0 match, conflict with E, etc.

[Receipt Book of Counseling (Records 351 pages)]

○ At around October 2013, detection of the fact that 0 public books are assigned to N during the Amination hours.

The breadth of a sound, knife, knife the head, knife the knife, knife the knife.

The parent of theO was directed by means of force, and the parent of theO was found to be a school on the following day and the box of subsection (O,T);

P each legal statement)

○ On October 28, 2013, N used a Assault (Records 361 pages) disputing East E

○ On November 4, 2013, N andO expressed tobacco in the apartment stairs of N’s residential apartment;

No matter how to be found by residents (AC and teachers of other schools) have been reported and discovered, and 2013.

1.5.Consultations with the NN as a matter of smoking reporting in the apartment (Records No. 358);

(l)the Receiving Book of Counseling (Records 351 pages), P legal statement

○ On November 8, 2013 and November 14, 2013, Nanbaba (NWs) No. Bababa (WUs) disputing East E

Appendix 362 pages)

○ On November 15, 2013, counseling teachers shall provide N and E with counseling services due to conflicts with East E, transfer problems, etc.

Statement that E wishes to die due to N violence, counseling receipt book (record 350)

x)

○ On November 18, 2013, tobacco possession of Z (O) was discovered by a health teacher and students.

Research by the P, which is the vice-school teacher and the second-year fence, the Z and the AD, AE, Q,O, N, which are connected to the Z and its research

1.20 November 20, 2013 (Records 565 pages), the minutes of the Guidance Committee (Records 565 pages), and the P

his legal statement)

○ On November 20, 2013, D and N smoking problems for the attendance of the leading commission, E

Counseling boxes (record 351 pages) due to violence problems, etc.

○ On November 20, 2013, the leading committee was held, and all school services 3, including Z, AD, AE,O, Q, and N.

107) 7: November 21, 2013; November 22, 2013; November 22, 2013; November 25, 2013; 248:O1

Participation in non-smoking campaigns in time, participation in classes at A.M., 13:20-16:10 a.m., toilets and management offices;

Cleaning, environmental aestheticization, arrangement of teaching materials and teaching equipment, 16:10 to 16:20 attending religious courses, 16:20 to 16:30 Bans

Upon receipt of the notice of approval, the defendant who is the head of the student during the execution period of the above internal service.

In addition to the execution of internal school services for the above students, N.O. Administration for after-school education;

Additional guardian (record 565-568) minutes, etc. of the leading committee (record 565-568), and P legal statement)

○ On November 2013, 2013, 28. L Middle Schools take measures to prevent the spread of student smoking, and all students.

The other non-smoking education and urine testing shall be conducted, and a key for urine test on December 12, 2013.

Purchasing boxes (record 344, 1201 pages) for non-smoking education for students, and for Hobbbbes (public literature), school health

Operation Plans (Records 340 pages), disbursement resolution (Records 408-414 pages), such as cat and cat, AF police officer

【Statement】

○ around December 2013, N is exposed to smoking in the AAE framework (Records 373)

x)

○ The N smoking problems of Lmiddle School Health Counseling Teachers as of December 10, 2013 and December 26, 2013

Lo. Counseling services, such as D or telephone (record 350 pages)

○ From February 2014, around April 2014, around N, and around 00 April 2014, N, and 0 are being smoked in the AAma frame and discovered (Nin).

Note (Records 373,374)

○ The Defendant, on March 2014, conducted a urinal test against N andO on March 201 and had a positive reaction;

A person shall not enter a class for about three days under the pretext of guidance for smoking, and thereafter he/she shall not enter a class for three days.

approximately 2 weeks kneeel kneelel, knee-knee-kne-kne-kneing in the school room every hour.

2. Sheeting and extending up to the floor of the bar to the end of the body, and immediately after the depth of the body.

knee kneeling in a knee room, 1 hour in a gneeging hall during the class hours in five knee-si;

After-school sports 5 wheels, 400 meters per 1 wheels, 1 minute 40 seconds per 1 wheels, and 1 wheels per each qui.

A guardian statement (O statement less than 942 pages), Q statement (record 942 pages)

1544,1545 pages),0, Q and W’s legal statement

○ N on April 26, 2014 (N) and 0 on the lusium AG and Calle, together, play in the lusium AG.

F. Having caused an accident that is caused by driving without licenses and walls (Records 363 pages)

○ On April 28, 2014 (Monthly) consultation and guidance on N, etc. due to the operation of Otoba, accidents, etc.

[Receipt Book of Counseling (Records 351 pages)]

○ Smoking tobacco in the class of May 13, 2014, N in the second-class class of class, and W W net.

The defendant who is the head of the students after the detection and consultation and guidance of the first-lane PP

The defendant transferred and then refers to the leading commission after investigating students (record).

353 pages), counseling receipt register (record 351 pages), and legal statement of P

○ 한편, 피고인은 2014 . 5. 13. 조사 당시 피해자 N이 거짓말을 한다고 꿀밤을

Mali, Mali-man and Mali-man on the floor of Mali-man's office 10

Written statements (record 943 pages) and W (record 159, 160)

i)each legal statement of the Defendant,O and W, Defendant’s prosecutorial statement (Records 1463,1466 pages)

○ On May 20, 2014, the leading committee was held on May 20, 201, five days for internal school service (1. Period: 2014.

5.21 May 23, 2014; May 26, 2014; May 27, 2014; 2H8:24

P. 3 Hours in the p.m., one hour in the physical training (5 days in the school service)

W shall be subject to a minor disciplinary action against W.

Minutes of the Guidance Committee (not more than 63 pages of the record), the guidance plan for students eligible for service (record)

573 et al.)

○ The Defendant, from May 21, 2014 (or from May 21, 2014), shall execute internal services upon the decision of the guidance committee.

No later than every week, 2005.5.5. 201

21.(d)In excess of the scope of internal services by decision of the guidance commission, as soon as possible;

Mak keling in the school room in each inter-party, kneing kne, extending up to a slope, 1 hour after school.

In addition, 5 wheels laps (a different type of artificial limbs) etc. have been added, and others have been added.

With respect to N.O of the Defendant Habed between Police Officers from March 2014 to September 11, 2014

Details of the urinal test and disciplinary guidance for smoking guidance items shall be as specified in attached Form 1 (Matters of recognized abuse).

6.A separate resolution of the guidance committee in providing the same guidance as the above;

(b) is not affected by the consent or harm of parents;

D. On the other hand, around August 2014, N was wraped with Q, R, and D had a telephone counseling around a short time on August 29, 2014 that "N would face school violence because it would be the same that N would face." On the other hand, N was visited after the drilling (record 351 pages of the counseling receipt register (record 351), P's investigative agency's statement (record 493 pages), P's legal statement).

E. Around September 1, 2014, P had an interview with N, Q, and R, and requested the Defendant as the student head to conduct an investigation. Around September 2, 2014, the Defendant was subject to violence twice from N, Q, and R, on or around August 2, 2013; on or around March 2014, P was investigated into the receipt of a statement to the effect that “N was able to take place as a matter of desire for R’s mother” (each written statement (375, 376 pages), W, and P’s respective statutory statements).

F. After September 2014, Q, 0 et al., Q, and Q, et al. were to be kept in harmony with N (P police statements (record 493 pages), P, and W respectively.

G. On September 11, 2014, N took the last smoking guidance, such as the No. 60 No. 1 (the content of abuse recognized by the Defendant) from the Defendant, and returned home, and on September 12, 2014, N used a note that “in the house,” “school,” and “in the house,” as a gypted and gypted the gyms that the gyms would cause severe harassment, and accordingly, attempted to brue a suicide, which was discovered by N and sent to P and E, but eventually died.

2. Summary of the defendant's assertion

Even if the Defendant’s act of entering the facts of the crime against N and P, and the Defendant’s act of entering the facts of the crime against N andO was found, the Defendant’s act was not guilty on grounds that the Defendant’s act did not go beyond the limit permitted by social norms, as a student assistant teacher, and the method and degree of the act did not go beyond the limit permitted by social norms.

3. Determination

A. Determination on the assertion of facts

The gist of the Defendant’s factual assertion is that most of the evidence submitted by the prosecutor is not reliable or that the credibility of the evidence submitted by the defense counsel was removed. Of the entire facts charged in the instant case, as seen in the part concerning the 37 acts listed in the Attachment No. 2 (U.S.A.) of the entire facts charged in the instant case, the credibility of each of the evidence submitted by the prosecutor was either nonexistent or impeachmentd based on the evidence submitted by the defense counsel. However, with respect to the 34 disciplinary actions listed in the Attachment No. 1 (U.S.C.) of the remainder, the credibility of each of the evidence, which served as the evidence of the Defendant’s conviction, cannot be deemed to have been dismissed. Thus, the argument regarding the facts about the 34 disciplinary actions listed in the Attachment No. 1 (U.S.C. 1) is not accepted

B. Determination on the assertion of illegality rejection

6) According to the aforementioned facts, the Defendant’s remaining part of the guide stated in the [Attachment 1] is subject to disciplinary action against the Defendant for a prolonged period of 40 hours from around 3, 2014 to September 1, 201. The Defendant’s remaining part of the guide is subject to physical pain or effort, and such disciplinary action is still continued for a long period of 5 hours on the premise of such instruction. (3) The Defendant’s remaining part of the guide stated in the [Attachment 1]’s [Attachment 1]’s [Attachment 1]’s [Attachment 1]’s [Attachment 1’s [Attachment 1’s] [Attachment 1’s] [Attachment 1’s] [Attachment 1’s] [Attachment 1’s] [Attachment 1’s] [Attachment 1’s] [Attachment 1’s] [Attachment 1’s] [Attachment 2’s] [Attachment 1’s [Attachment 2’s] [Attachment 1’s [Attachment 2’s]]]]]]].

Reasons for sentencing

① The Defendant’s disciplinary guidance does not include a direct act of violence, ② is a subjective element. However, the instant crime was committed in the motive to guide the victimized student as a teacher. ③ There are various circumstances favorable to the Defendant, such as the occurrence of a situation where it is difficult to readily conclude that the motive of the injured student was entirely caused by the Defendant’s disciplinary guidance, such as the occurrence of the accident, and the occurrence of the accident, and the occurrence of the accident, i.e., the occurrence of the accident, i., the occurrence of the accident, e., the occurrence of the accident, and the occurrence of the accident.

In light of the progress of the instant case, it is difficult to conclude that the Defendant did not reflect or did not repent by taking advantage of the attitude of denial taken place in the instant trial process, in light of the following: (a) as seen in the lower judgment on the part of innocence, the Defendant was drafted based on the note that the Defendant selected the Defendant following the death of the victimized student; (b) as the content of another teacher’s instruction or the image of the student, the investigation is carried out by including the contents of the instant case, and the part that is not the content of the Defendant’s disciplinary guidance, and (c) the Defendant was indicted without the details of the Defendant’s disciplinary guidance, it is somewhat excessive to sentence the Defendant to a sentence.

However, on the ground that the Defendant’s repeated smoking of an injured student in spite of the instruction of a school teacher or a student’s assistant teacher is not improved, without using other educational guidance methods except the disciplinary guidance, the Defendant voluntarily provided a disciplinary guidance without following the procedure set by the school regulations. The Defendant conducted an excessive disciplinary guidance to the extent that it is difficult for the victimized student to lead a normal school life due to exceeding the period, degree, and method of the disciplinary guidance as well as the extent permitted by the social norms. Furthermore, it is clear that the Defendant’s continuous and repeated disciplinary guidance was served as one of the motives for the victimized student N to commit suicide.

Considering such circumstances, even if considering the favorable circumstances as seen earlier, it cannot be said that the Defendant continued to maintain the qualification as a teacher.

For the same reason, the court shall decide to punish the defendant who is disqualified as a teacher, and shall decide as ordered by the order of the defendant.

Part of innocence (attached Form 2 (Unrecognized Details of Disciplinary Action))

1. Facts charged;

The prosecutor charged the victims with each disciplinary guidance listed in the attached Form 1 (the content of the recognized abuse) other than the content of each disciplinary guidance, and the disciplinary guidance listed in the attached Form 2 (Unauthorized Discipline Contents) as to the victims by their own emotional and physical abuse.

2. Determinations by the sequence 2 attached Table 2 (U.S. details of disciplinary action not recognized);

(a) No. 1 No. 540, Jul. 7, 2013;

As evidence consistent with this part of the facts charged, E’s statement (Records 289 pages), 0’s prosecutor’s statement (Records 1540 pages), U’s prosecutor’s statement (Records 1676-1677 pages of the record). However, if the Defendant was punished at the time by a sports center, 2014 years and 2 years, and all of the statements were punished by a knee and kneeling in a school room, and 2013, they reversed the statement to the effect that the Defendant was punished by a knee and kneeling in a school room, and that there was no memory corresponding to the year 2013. ② The statement made by E and U is more than one year after the date of public prosecution. ③ The statement made by E and U is insufficient in light of the fact that there was no misunderstanding or conversation on this part of the crime, ③ U.S. date and time in this case’s statement, reason and content, or abstract evidence.

(b) No. 2 No. 544, Jul. 7, 2013 (Felek knekel knekelel knekelel knekelelel knekelelelel kneelelelelel kneelelkelel kneelelelkel kneelele kneelele

As evidence consistent with the facts charged in this part, U’s prosecutorial statement (record 166-168, 1677) and court statement, and 0 police statement (record 939 pages). However, the party concerned: (i) the party concerned provides guidance on the date and time of this part of the public action in this court; and (ii) the party concerned reversed his statement that he was directly directed by the defendant during the early stage of smoking; (iii) the P was able to detect possession of tobacco and detect tobacco around July 2013; and (iv) the party concerned stated that the person himself was kneeing and kneing in the school room for every hour, not until the day of the week; and (v) the defendant also made a separate statement to the prosecutor’s office that he was not aware of the fact that he was able to do so before the time of the public action; and (v) the defendant also made a separate statement to the prosecutor’s office’s instruction and instruction on the part of this case.

C. No. 3 (Assault 1-2)

As evidence consistent with this part of the facts charged, there was a statement in each investigative agency of theO (record 954 pages), Q (record 1544 pages), U (Records 1679 pages), and R (Records 986 pages). However, each statement in U and R is merely a specialized statement that the statement in U and R was made from 20 mothers, and the statement in U and R are contradictory to each other (0). (2) The statement in Q and R was made from N that they were not fit for their gender portion and they were only N, and Q was directly considered to fit for their gender portion, and Q was made from N that they were directly considered to fit for their gender portion. (3) The statement that R did not fit for its gender portion was made by the Defendant to use N and 0 as a network, and there was no other n't any other n's appearance before the Defendant died. (4) The above statement in light of the fact that there is no other n't any other n's appearance before the Defendant's death.

(d) Nos. 4, 5 (No. 4, 2013 and no. 5 on November 4, 2013).

In accordance with this part of the facts charged, there is evidence, (No. 939 of the record) the statement at each agency of the Republic of Korea, U (No. 1680 of the record), and 0 of the statement at the time, but the detection and guidance of N,0 etc. at the time are P, a fence (A: Records No. 351, No. 358 of the record: Records No. 351 and N: Records No. 358 of the record), P’s legal statement also is a teacher of another school and N, who is a resident of the apartment located in N’s residence, and provides guidance, such as knee kel kel kel kel kel kel kle, etc., on November 4, 2013. The defendant is insufficient to readily conclude that the perpetrator was the perpetrator of each of the above part of the evidence No. 16(o) and U. 16(o) during the time after the school was needed to conduct cleaning.

(e) No. 6 (No. 201. 20. 11. 201. 201. 11. 201. 1. 1. 1.1. 1. 1. 1. 1. 1. 1. 1.

Although there is evidence corresponding to this part of the facts charged, there is an investigation agency and court statement of 0, in light of the abstract contents that the fact-finding content continued before and after November 20, 2013 before and after the Guidance Committee for Guidance, kneeing, and after school, it is not sufficient to recognize this part of the facts charged solely based on the abstract statements of 0, in light of P's legal statement (including the fact that kneeing and kneeing separately on the day when the guidance was held, and the day when the guidance was held, etc.).

(f) Embrying the victims Nos. 7, 8 (No. 22, 2013) and on November 25, 2011, 11.

Although there are 0 investigation agencies and court statements that correspond to the facts charged in this part, this Court reversed the statement that the defendant was kne kne kne kne kne and kne kne kne kne knes at the time in addition to the day of attending school and after-school cleaning at this court, and that Q does not have memory that Q’s legal statement (the purport that there was no memory that he was kne kne kne kne kne and kne kne kne kne knes) at the time, and P’s legal statement (the purport is that six students were executed at the same time, kne kne kne kne and kne kne kne knes were not separately known.) In full view of these facts, it is insufficient to recognize that the defendant was kne kne and kne kne kneed each hour beyond the scope of the guidance committee’s decision.

○○ However, in light of the fact that the Defendant’s act of providing guidance by additionally cleaning a school room after school on November 22, 2013 (gold) and November 25 (Monthly), (i) the required time is not a long-term, (ii) the duration of guidance may be deemed to have been delayed within the school service period, and (iii) the details of disciplinary action do not cause any special physical pain or effort, and (iv) the life guidance act shall be deemed to be an act of life guidance not exceeding the permissible limit under social norms, as a student assistant teacher, in view of the fact that the period of guidance has been completed three days (on November 21, 2013, Nov. 22, 2013, Nov. 22, 2013, 2013, and November 25, 2013).

(g) No. 9 (1) victims on November 26, 2013, 1 knekel kelel kelelel kelele, 2 after-school cleaning).

However, according to the minutes of the guidance committee (record 565-567 pages), a guidance for smoking according to the decision of the guidance committee on November 20, 2013 is obviously executed for three days from November 21, 2013, Nov. 22, 2013, and Nov. 25, 2013 (monthly) as evidence corresponding to this part of the facts charged. This part of the facts charged is not recognized, since it is apparent that a guidance for smoking was executed for three days from November 26, 2013, and there is no smoking guidance in November 26, 2013.

아. 순번 11번{2014. 5. 13.자 교내흡연 적발 직후 1) 2014. 5. 13. N의 꿀밤을 때려 폭행하고, 2) 2014. 5. 13.부터 선도위원회가 열리기 전까지 1주일 동안 피해자들에 대 한 ① 수업시간 중 무릎 꿇고 손들기, ② 엎드려 뻗쳐 ③ 오리걸음 1시간, ④ 운동장 5바퀴 뛰기}

○ 이 부분 공소사실에 부합하는 증거로, O( 기록 943쪽), W (기록 159, 160쪽) 의 각 수사기관 진술이 있으나, ① 피고인은 이 부분 공소일시 중인 2014. 5. 14. ~ 2014. 5. 18.까지 AJ부의 소년체전 참가를 위해 용인에 출장을 가 있어, 학교에 없었던 점( 기 록 1202, 1517, 1518쪽), ② 0은 이 법정에서 피고인이 적발 다음 날인 2013. 5. 14 . 아침에 흡연 여부를 추궁하면서 엎드려 뻗쳐, 오전수업 중 무릎 꿇고 손들기를 시키고 소년체전에 참가하러 나갔다고 진술을 번복하였다가, 다시 벌 받은 것이 2013. 5. 13. 인지 기억이 나지 않는다고 진술한 점, ③ W 역시 이 법정에서 2014. 5. 13. 적발 당 시부터 2014. 5. 19.까지 꿀밤과 책으로 머리 치고, 수업 못들어 가게 하고 무릎 꿇고 손들기 벌을 준 것은 담임 P인 것 같다고 진술을 번복한 점, ④) 피고인도 2014. 5. 13 . N, O, W 등의 교내흡연이 적발된 후, 당일 조사하면서 N, O에게 엎드려 뻗쳐 10분 정 도와 N에게 꿀밤 1~2대를 때리고 진술서를 받았을 뿐이라고 진술(기록 1463쪽, 1466 쪽)하여, 위 0, W의 번복된 법정진술과 부합하는 점 등에 비추어, O, W의 각 수사기 관에서의 진술만으로 이 부분 공소사실(2014. 5. 13.~2014. 5. 19.까지 피고인이 계속하 여 지도를 했다는 점)을 인정하기에 부족하고, 다만, 피고인이 2014. 5. 13. N의 꿀밤 1~2대를 때리고, N, O에게 엎드려 뻗쳐 10분 정도를 시킨 사실만 인정될 뿐이다.

○ 그런데, 위와 같이 피고인이 2014. 5. 13. N의 꿀밤 1~2대를 때리고, N, O에게 엎드려 뻗쳐 10분 정도를 시킨 행위는, 선도대상인 N , O의 비행(교실 내 흡연 ) 정도 , 피고인의 지도내용 및 물리력 행사의 정도, 지도가 단발적, 단시간 내로 종결된 점 등 에 비추어, 사회통념상 허용되는 범위 내에서의 훈육 · 지도행위에 해당한다고 인정된

(i) On May 20, 2014, on the day when a leading committee was held No. 12, the victims; ① knekel kelel kelel kneel kelel kneel knel knums, ② Ginging out into a slope, ③ 1 hour of original mick, ④ 5 wheels of a playground after school.)

There is no evidence to acknowledge this part of the facts charged (the statement of the investigative agency in 0: was punished only before the beginning of the session for guidance, and was punished again by the following day after the beginning of the session for guidance).

(j) No. 16 (No. 16 (No. 24 May 2014, 16) victims: ① knekel knekel knekelel knekelel per hour; ② outside to the head of a right angle; ③ 1 hour to the head of a original knick; ④ 5 wheels from the after-school playground);

In light of the fact that there is a statement at 0 investigation agencies to the effect that the evidence as shown in this part of the facts charged is that the relevant Saturdays were punished even if they corresponded to the facts charged, it is merely an abstract statement that does not include the specific contents of the punishment received on May 24, 2014, and Saturdays, and that the Saturday is different from the ordinary course of the day after-school sports classes. The prosecution on this part is conducted on the premise of the ordinary course of the day, and 30 states that the above 0 investigative agencies’ statements that there is no memory of punishment, such as going through school, knee kne kn-kick, knick-kicking, the right knick, etc., in light of the fact that the above 0 investigative agencies’ statements alone are insufficient to recognize this part of the facts charged.

(k) From May 26 to May 30, 2014, to victims up to 17-22 (on May 26, 2014) to May 30, 2014 (gold)

The evidence consistent with this part of the facts charged lies in the statement of 0 in the investigation agency (record 94,949). However, 0 only during the above period, 0 was kneel kel kel kel kel kel kel kel kel kel kel kel kel kne, fel kned, the body knick knick, the body knick knife did not change the statement that he did not go to the school on May 31, 2014. 2. 4) The defendant's knife knife P working on the opposite knife knife knife knife knife knif knif knif knif knif knif knif knif knif knif kn's knif knif k k. 17.

(l) No. 30 knee kel kelel kelelel kelelel kelelelels every hour against the victims on June 14, 2014).

It is insufficient to recognize that there was a disciplinary guidance based on this part of the date and time of prosecution, not a regular class, on the basis of the statement of the purport that the time and contents of ‘not specified' was punished even on Saturdays.

(m) No. 32-36 (No. 17 June 17, 2014 kel kel kel kel kel kel kel kel kel kel kel kel kel kels)

In light of the evidence that corresponds to this part of the facts charged, 0's statement in the investigative agency and court was generated, from June 17, 2014 to June 20, 2014, the defendant was going to a business trip to the Y AJ St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St St StP and June 21, 2014.

(n) No. 38 No. 38 (Assaults when N, around the end of July 2014, engaged in plastic brooms in AJ AJ waiting lele at lebs, rags, lebs, etc. on one occasion);

이 부분 공소사실에 부합하는 증거로 Q의 수사기관(기록 제139쪽, 1545쪽) 및 법 정진술이 있으나, Q이 현장에서 함께 목격했다고 진술한 R은 당시 N이 피고인에게 맞 은 일이 있었다는 것 자체를 기억하지 못하고 있는 점(R의 법정진술), Q 스스로도 그 강도가 어떠하였냐는 재판부의 질문에 '툭툭 치는 정도인데 N이 기분은 나빴을 것' 이 라는 취지로 진술한 점 등에 비추어, 위 Q의 진술만으로 이 부분 공소사실을 인정하기 에 부족하다(가사 피고인이 빗자루로 N의 엉덩이를 밀었다 하더라도, 이는 N의 레그레 이즈 운동 자세를 바로 잡기 위한 경미한 신체접촉 정도라고 판단될 뿐임).

(o) No. 40 (1) for victims on July 23, 2014, the first seal of the after-school class (the first seal of the after-school class out of the domination school)

As evidence consistent with this part of the facts charged,O (Records 1094~1096), Q (Records 1545 pages)

Each investigative agency’s statement has been made, but ① the contents of the 0th statement in the court room (on the day of July 23, 2014, 2014, knee knek knek knek knek hand knek hand kne. On the day of July 23, 2014, AJ department training was conducted since July 24, 2014), ② the contents of Q Q’s court statement (the physical fitness statement made by the investigative agency was considered to be in the course of study, and whether the first day of the after-school class was promulgated is not well memory or not), ③ on July 23, 2014, TWn by 0 angle.

In addition, the defendant in the morning entered the school late, and the defendant in the morning notifies T about whether he smokes or not.

Then, there was an interview with the smoking map and a situation in which notice was given (such as T's legal statement and re-statement of charge). From 08:30 a.m. to 08:30 a.m., there was no time for running a playground.

In light of the foregoing facts, the statement made to the investigation agency of the above 0 and Q alone is sufficient to acknowledge this part of the facts charged.

the following is insufficient:

(q) The victims No. 41-44 (No. 41-24, Jul. 24, 2014; July 25, 2014; July 28, 2014; July 29, 2014; and July 29, 2014; (1) the internal cleaning of the 10:0 wheels of the 10:0 am sports ground; (2) the internal cleaning of the 10:0 am sports ground; (3) the AJ division and the physical strength training from 3:0 am to 6:0 am; and (6) the after-school sports ground human resources different from each other);

The prosecutor brought a public prosecution on this part based on the statement of investigation agency of 0(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s) and Q’s statement(s (s)(s)(s (s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s) and 1 hours(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s).

(q) Up to the number 48-52 No. 48-2 (monthly) to August 8, 2014 (gold), the victims

In accordance with this part of the facts charged, it is sufficient to recognize that N and 0 received specific disciplinary guidance as stated in this part of the facts charged, and it is sufficient to acknowledge that N and 0 received specific disciplinary guidance as stated in the facts charged, in light of evidence Nos. 20-1, 2 (the text content between Defendant 1 and N: 0 and N during the period from August 4, 2014 to August 8, 2014). However, it is sufficient to acknowledge that the above statement alone received specific disciplinary guidance as stated in the facts charged, and it is sufficient to acknowledge that N and 0 received specific disciplinary guidance as stated in attached Form 1 (Recognized 48) that found the aforementioned guilty, as stated in the No. 48 of the judgment of the court below, the victim did not have a duty to attend with his or her personal seal, etc., so that he or she may undergo a daily change and make a daily change to the victims, and only he or she did so for one day.

(r) 54 Nos. 54 (Fr. 1, 2014)

In this part of the public prosecution, there is no evidence to acknowledge the fact that N was engaged in cleaning after school and running a playground at the time of the public prosecution, and in September 1, 2014, such as the entry No. 54 of the attached Table 1 (the recognized abuse content), which was found guilty, only the fact that the defendant conducted a disciplinary guidance of N on the part of knek kne and knek kne for every hour.

(s) N in No. 59 (No. 6. 2014) (1) knee kneel kneel kneel kneel knee knee knee knee knee knee knee knee knee knee kne

There is no evidence to acknowledge that N has come to school on September 6, 2014, September 6, 2014, the date on which the grace period begins.

3. Conclusion

Thus, since each disciplinary guidance stated in the facts charged in this part of the charges (the contents of the charges not recognized) constitutes a case where there is no proof of a crime, it is necessary to determine innocence pursuant to the latter part of Article 325 of the Criminal Procedure Act and to publicly announce the summary of the judgment pursuant to Article 58(2) of the Criminal Act. However, in the case of the two cases, the disciplinary guidance listed in attached Table 1 (the contents of the disciplinary punishment not recognized), which was prosecuted as a single crime by the disciplinary guidance by the date stated in each order, was found guilty, the judgment of not guilty in the order is not separately pronounced.

Freeboards

Attached 1 (Matters of recognized abuse)

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

Statement

A person shall be appointed.

1

A person shall be appointed.

Attached 2 (Contents of Unrecognized Disciplinary Action)

A person shall be appointed.

16

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.