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(영문) 수원지방법원 2017.11.16 2017노669
아동복지법위반(아동에대한성희롱등)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (misunderstanding of facts and misapprehension of legal principles) 1) The Defendant refers to G’s female students, and “Along with food,”

There is no fact stating “I,” and there is no fact stating “I,” but there is a separate name stating “I, too far,” and there is no fact that H merely reads “fascination and rights combined with fascination and eascination,” and said that “it is good to fascination with fascination,” while explaining the English language called “fascination.”

The statements of some students to this effect are not reliable because they are either inconsistent or inaccurate.

2) Even if the Defendant made each statement indicated in the facts charged of the instant case

Even in light of the fact that the defendant caused entertainment during the class or caused students to feel friendly, and that students identified as the victim were 17 years old or older, it cannot be viewed as sexual harassment leading to sexual abuse.

3) Nevertheless, the court below erred by misunderstanding the facts and misapprehending the legal principles, which found all of the facts charged in this case guilty.

B. The prosecutor’s (unfair sentencing) sentence of the lower court (the suspended sentence and suspended sentence: fine of KRW 3 million) is too unfluent and unreasonable.

2. Determination

A. Determination on the Defendant’s misunderstanding of the facts and misapprehension of the legal doctrine 1) The summary of the facts charged in this case is that the Defendant is a F School Teachers in Seongbuk-gu, Seongbuk-gu, Sungnam-gu.

A) The Defendant from May 2015 to May 2015

6. In the front corridor of the class 2-9 of the above FF school in the morning, G students shall be the defendant.

The phrase “I” refers to female students, and the Prosecutor identified G as the victim of this part of the facts charged in the trial of the Party.

Along with food, I am special.

“A sexual harassment that causes a sense of sexual shame to a child” is committed, and (b) the Defendant is imprisoned from September 2015 to October 20.

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