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(영문) 대전지방법원 천안지원 2018.04.13 2017고단2146

강제추행등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 18, 2017, the Defendant forced indecent act committed an indecent act on the part of the victim’s left side 2-3 occasions with the victim’s E (n.e., 19 years old) and the victim’s male-child-child F, etc., with the victim’s side hand at the right right side, with the victim’s movement in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, and D’D’s viewing place. The Defendant forced the victim to commit an indecent act by force.

2. The Defendant, at the above time and at the above place, resisted the fact that he met with the victim F ( South, 19 years of age) as stated in the above paragraph 1, and assaulted the victim when he was flicked about 4-5 times the victim's head and chest with her fingers, such as her hand floor and hand, etc., and when he was flicked about 4-5 times.

Summary of Evidence

1. Each statement of the witness E and F in the second public trial records;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. Partial statement concerning the police interrogation protocol concerning F; and

1. The police statement protocol of the E (tentative G) of the police statement [the defendant alleged to the effect that he did not have the intention to commit an indecent act, but the "act" objectively causes sexual humiliation or aversion to the general public and infringes on the victim's sexual freedom. The determination of whether the crime constitutes an indecent act shall be made carefully by taking into account the victim's intent, gender, age, relationship before the offender and the injured person, circumstances leading to the act, specific form of act, the objective situation surrounding the act, and the sexual moral sense in that time. It does not require any subjective motive or purpose to stimulate, stimulate, and satisfy the sexual desire as a subjective element necessary for the establishment of the crime of indecent act (see, e.g., Supreme Court Decision 2013Do5856, Sept. 26, 2013). The crime of indecent act is not only in cases where the other party makes it difficult to resist by assault or intimidation, but also in cases where the other party makes it difficult to resist.