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(영문) 서울남부지방법원 2017.12.15 2017고단1992

강제추행

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

On April 1, 2017, around 05:27, the Defendant committed an indecent act by force against the victim, on the street in front of Gangseo-gu Seoul Metropolitan Government, on the ground that the victim C (the victim 22 years of age) was married, and the victim C (the victim 3 years of age 22 years of age) was able to see “the same cruel defect,” and on the ground that he was able to see the victim’s shoulder with his left hand, and write his head with his hand.

Summary of Evidence

1. The legal statement of the witness C;

1. Application of CCTV Acts and subordinate statutes;

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

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;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Determination on the assertion of the defendant and his/her defense counsel under Article 186(1) of the Criminal Procedure Act, which costs of lawsuit

1. The summary of the argument is that the defendant wears the shoulder of the victim who goes beyond the scope of the claim, and is deemed as fine

“In addition to being asked, there was no intention to commit an indecent act, and the physical part of the victim’s body committed by the Defendant does not constitute an indecent act, since the victim’s physical part is not a sensitive part.

2. The determination of indecent act is objectively an act that causes a sense of sexual humiliation or aversion to the general public and is contrary to good sexual morality, and thus, constitutes an infringement on the victim’s sexual freedom. The determination should be made with careful consideration of the victim’s intent, gender, age, relationship before the offender and the injured person, circumstances leading to the act, specific manner leading to the act, the surrounding objective situation, and the sexual morality concept of that time.

In addition, there is no subjective motive or purpose to stimulate, stimulate, and satisfy sexual desire as a subjective element necessary for the establishment of the crime of indecent act by compulsion (see Supreme Court Decision 2013Do5856, Sept. 26, 2013, etc.). Moreover, there is an essential difference between one woman and another depending on the body part in the indecent act against a female.

It cannot be seen (Supreme Court Decision 2004 delivered on April 16, 2004).