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(영문) 서울북부지방법원 2020.09.11 2020고정306

강제추행

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is the representative of the “C” security service company located on the second floor of the building B in Gangnam-gu Seoul Metropolitan Government.

Around 13:30 on May 15, 2019, the Defendant was the president of the above C, and when the victim D (here, 25 years of age) who is an employee was aware of his body in order to allow the customer to leave the body, the Defendant was her knb with her own hand.

Accordingly, the defendant committed indecent acts by force against the victim.

Summary of Evidence

1. The application of Acts and subordinate statutes to the recording of the defendant's partial statement, witness E of D's legal statement, and report of internal investigation of each part of the F's legal statement (the contents of telephone conversations between the victim and his/her wife and his/her wife);

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

1. At the time of the summary of the argument on the argument of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act, the Defendant had been another customer in the staff room next to the president’s office. In his case where he entered the president’s office, the victim had already been placed on the table table, so there was no fact that the victim was her tack, as stated in the facts constituting the crime in the judgment.

2. Determination

A. The crime of indecent act by compulsion includes not only cases of indecent act after the other party makes it difficult to resist by assault or intimidation, but also so-called indecent act in which the act of assault itself is acknowledged as an indecent act.

In particular, in the case of indecent acts, violence at the same time as the other party's indecent act is not necessarily required to suppress the other party's will, and if there is the exercise of tangible force against the other party's will, regardless of its power's exaggeration, it is a consistent position of judicial precedents.

Furthermore, indecent conduct causes sexual humiliation or aversion to the general public objectively and sexually.