[강제추행치사(인정된 죄명:강제추행)][공1992.4.15.(918),1217]
The meaning of indecent act in the crime of indecent act by compulsion
In the crime of indecent act by compulsion, an indecent act on another person by assault or intimidation does not refer to the case where an indecent act is committed after the other party makes it difficult to resist by assault or intimidation, but it includes the case in which the act of assault itself is recognized as an indecent act. In this case, as long as the use of force against the other party’s will is not necessarily required to suppress the other party’s intention, it should be viewed that the force is neglected regardless of its power.
Article 298 of the Criminal Act
[Plaintiff-Appellant-Appellee] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Dong-young et al., Counsel for plaintiff-appellant-appellant-appellee)
Defendant
Defendant
Attorneys Yoon Jae-in et al.
Seoul High Court Decision 91No1671 delivered on November 15, 1991
The appeal is dismissed.
We examine the grounds of appeal.
In the crime of indecent act by compulsion stipulated in Article 298 of the Criminal Act, an indecent act on another person by assault or intimidation is not limited to cases where an indecent act is committed after the other party makes it difficult to resist by assault or intimidation, but it also includes cases where the act of assault itself is recognized as an indecent act. In the following cases, an indecent act does not necessarily require that the other party’s intention is at the level of suppressing the other party’s intention. However, if a tangible force is exercised against the other party’s will, it should be viewed as an indecent act regardless of the other party’s intention (see Supreme Court Decision 83Do399, Jun. 28, 1983).
In full view of the evidence duly admitted and adopted by the court below, it is sufficiently sufficient to acknowledge the criminal facts of the defendant's indecent act in this case, the above evidence shows that there is evidence to reinforce the confession of the defendant, and the exercise of tangible force against the victim's will is clearly known. Therefore, the court below's finding the defendant guilty of the crime of indecent act in this regard is just and there is no error in the misapprehension of legal principles as to the reinforcement evidence of confession and the crime of indecent act by compulsion as pointed out. We do not
Therefore, the appeal shall be dismissed and all costs of appeal shall be assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Park Jong-ho (Presiding Justice)