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(영문) 청주지방법원 제천지원 2017.07.13 2017고단104

강제추행

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 22, 2017, around 13:30, the Defendant reported the victim D (tentative name, the 56-year old age) who cleaned the place at C Hospital No. C, and divided dialogues, and raised the victim's shoulder part by hand with the victim.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness D;

1. Statement made by the police with respect to D;

1. CCTV CDs;

1. A description of photograph (the defendant and his/her defense counsel did not constitute an indecent act and the defendant's act did not constitute an indecent act and did not have the intent to compel the defendant

The argument is asserted.

However, “comfort conduct” means an act that causes sexual humiliation or aversion to the general public and is contrary to good sexual moral sense, and thus infringing on the victim’s sexual freedom. Whether an act constitutes such an act should be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship before the offender and the victim, circumstances leading to the act, specific manner leading to the act, the objective situation surrounding the act, and the sexual morality concept of the times. It does not require a subjective motive or purpose to stimulate, evour, and satisfy the sexual desire as a subjective element necessary for the establishment of the crime of indecent act (see Supreme Court Decision 2013Do5856, Sept. 26, 2013). According to the statements made by the victimized person in an investigative agency and in this court, the Defendant’s act constitutes an indecent act and constitutes a forced indecent act, and the Defendant’s act is sufficiently recognized to have committed an indecent act at the time.

Defendant

And his defense counsel's above assertion is rejected.)

Application of Statutes

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;