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(영문) 인천지방법원 2019.06.13 2018고단8861

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

Punishment of the crime

The Defendant is a person who operates a marina-type shop in the third floor of the building B in Bupyeong-si.

At around 1:30 on September 6, 2018, the Defendant left the victim D(the age of 30) who visited in order to receive the “dub Madle site” (the age of 30) and put it on the part of the victim, and caused the victim to walk up and walk up the victim’s clothes with the victim’s hand, and interfered with the victim’s her hair, and caused the victim’s son’s son to walk up into the part of the victim’s chest, her son was dried up on the part of the victim’s chest, her son was dried up on the part of the victim’s chest, and her son was dried up on the lower part of the chest of the victim’s chest, and her son was pushed up, and she was forced to cut the victim’s son’s son’s son and her son’s son’s son’s son’s son’s son’s son.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes on written statements by prosecution concerning D;

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

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

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

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the claim is that the Defendant did not satisfe the victim’s chests and the part of the mother during the course of the covering.

As the defendant's well-known part and Y-esteem part are formed as part of the dummy part, the defendant cannot be found to have committed an indecent act.

2. Determination

A. “Indecent act” means an act that causes sexual humiliation or aversion to the general public objectively and goes against good sexual morality, thereby infringing on the victim’s sexual freedom.