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(영문) 대구지방법원 김천지원 2014.11.12 2014고단801

강제추행

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On July 23, 2014, at the hospitalization room of D Hospital No. 333 in Kimcheon-si, Kimcheon-si on July 23, 2014, when the victim E (here 22 years old) who is a nurse (here 22 years old) turns out to the defendant's right hand, the defendant called "Seoul" and changed the victim's right hand into the victim's right hand.

However, according to the witness E's statement, the defendant's her son's son's son's son's son's son's son's son's son's son's son's son's son's son'

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

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness E;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes on police statement to E;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Judgment on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. 주장 피고인과 변호인은, 피고인이 피해자의 허리인지 엉덩이인지 분명하지 않으나 만진 사실이 없고, 고마운 마음에 한 번 툭 쳤을 뿐이므로 강제추행에 해당하지 않는다고 주장한다.

2. The crime of indecent act by compulsion includes not only the case of indecent act by assault or intimidation against the other party making it difficult to resist the other party, but also the case of assault itself as an indecent act. In this case, as long as the assault does not necessarily require that it be to the extent of suppressing the other party’s intent, it is against the other party’s will, and the indecent act causes sexual humiliation or aversion to the general public objectively.