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(영문) 인천지방법원 부천지원 2017.01.13 2016고합156

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

Text

The defendant shall be innocent.

Reasons

1. The Defendant in the facts charged in the instant case appears to be a person who operates a D golf practice hall (hereinafter “instant golf practice hall”) on the 3th floor of the Kimpo-si, Kimpo-si, and the victim E (Ga name, age 8) who was pursuing the interior through the entrance of the said golf practice hall around February 25, 2016 and the “H” written indictment for friendship F with the Defendant appears to be a clerical error of “F”.

In order to enter the golf course with the solicitation of the members of the golf course, the victim was kneekneed with the defendant's knee, and he was kneed with the double hand and the breast.

Accordingly, the defendant committed an indecent act against a minor who is under 13 years of age.

2. The Defendant asserted that, at the time of the Defendant’s assertion, G, which had been in golf practice, is likely to face the victim, was kneeing in his/her knee and kneeing twice to protect the victim. However, there was no fact that he/she had the intent to do so and did not take custody of the chest, and the act of drinking on the ship does not constitute an indecent act that causes sexual humiliation or aversion.

3. Determination

A. In the crime of indecent act by force, the term “competence” in the crime of indecent act means an act that causes sexual humiliation or aversion and infringes on the victim’s sexual freedom, even though it does not require a subjective motive or objective to stimulate, arouse, and satisfy sexual desire as a subjective element necessary for its establishment, and means an act that objectively causes sexual humiliation or aversion to an average person in the same location as the other party and infringes on the victim’s sexual freedom.

In addition, the determination of whether an indecent act constitutes such an indecent act ought to be made after careful consideration of the victim’s intent, gender, age, relationship prior to the perpetrator and the victim, background leading to the act, specific form of act, and objective situation surrounding the act, and sexual morality concept of the age (see Supreme Court Decision 201Do7164, Jan. 16, 201, etc.). B. Dogdo 124, supra.