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(영문) 서울북부지방법원 2016.02.18 2015고단4399

강제추행

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On August 25, 2015, the Defendant, at the “D” restaurant operated by the Victim C (A, B, 46 years of age) located in the Jung-gu Seoul Metropolitan Government on August 2015, 2015, committed an indecent act by force against the victim by inserting her hand on the back part of the victim’s her own son and exposing her son.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. We examine whether there was no criminal intent of forced indecent act inasmuch as the CCTV-fashion wife (the Defendant was infashion of the victim’s back part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the charges.

The substance of the crime of indecent act in force is sufficient if it causes sexual humiliation or aversion to the general public and infringes on the victim’s sexual freedom as an act contrary to good morals. The intention as a subjective constituent element of the indecent act is sufficient only by intention on the act that leads to bodily injury that may constitute an indecent act.

It should be seen that there is no subjective motive or purpose to stimulate the perpetrator’s sexual desire (see Supreme Court Decision 2013Do5856, Sept. 26, 2013). Comprehensively taking account of all the evidence as seen earlier, the Defendant’s act in the judgment of the Defendant seems to have caused sexual humiliation or aversion from the perspective of ordinary people, thereby causing sexual humiliation or aversion from the back of the victim who is a female who is not a woman with no fright, and thus making the Defendant her sexual intercourse, thereby infringing on the victim’s sexual freedom and infringing on the victim’s sexual moral sense, and exercising the form of force against the victim’s will against the victim’s will. The Defendant appears to have had dolusence on the act in which her own act, i.e.,,, the Defendant’s act in which her frightt was committed, and thus, the Defendant’s intent to commit the Defendant’s forced indecent act is sufficiently sufficient.