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(영문) 서울동부지방법원 2018.08.30 2018노314

강제추행

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

Reasons

1. Although the defendant's act constitutes an indecent act in light of the gist of the grounds for appeal, the judgment of the court below which acquitted the defendant of the facts charged of this case is erroneous by misapprehending legal principles.

2. The crime of indecent act by force includes not only cases where the other party commits an indecent act after making it difficult to resist by means of assault or intimidation but also cases where the body of the person who committed assault is deemed to be an indecent act. In this case, inasmuch as the assault does not necessarily require the degree of suppressing the other party’s intent, and the exercise of force against the other party’s will is against the other party’s will, the force’s force does not require the other party’s force (see, e.g., Supreme Court Decision 2001Do2417, Apr. 26, 2002). Considering the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, the defendant’s indecent act by force as stated in the facts charged is acknowledged.

The Defendant and the victim committed the instant crime at D, and only became aware of each other.

Prior to the crime of this case, the Defendant told with the victim several times prior to the crime of this case, such as “a sticker”, “one defect”, and “as soon as possible,” etc., and the victim was under the boundary of the Defendant.

The victim stated that, on the day of the crime of this case, the Defendant was able to do so, and the Defendant was predicted to meet his body, but he did not escape to evidence. The Defendant made a concrete and consistent statement from the investigative agency about the fact that he was bucks to the court of the court below until the court of the court below.

"Indecent conduct" constitutes a forced indecent act because it infringes on the victim's sexual decision-making right through the exercise of tangible force against the victim's will, and the act is not expected to be the victim.