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(영문) 대법원 2015.07.23 2014도17879

강제추행등

Text

The judgment of the court below is reversed, and the case is remanded to Daejeon District Court Panel Division.

Reasons

The grounds of appeal are examined.

1. “Indecent act” means an act that causes a sense of sexual humiliation or aversion to the general public and is contrary to good sexual morality, and thus infringing on the victim’s sexual freedom. Whether an act constitutes an act shall be determined with careful consideration of the victim’s intent, gender, age, relationship before the offender and the victim, circumstances leading to the act, specific manner of act, and the surrounding objective situation, sexual morality, etc.

(see, e.g., Supreme Court Decisions 2001Do2417, Apr. 26, 2002; 2013Do5856, Sept. 26, 2013). In addition, the subjective constituent elements necessary for the establishment of the crime of indecent act by compulsion are sufficient only by intention and do not require any subjective motive or purpose to stimulate sexual humiliation.

According to evidence duly adopted and examined by the court below and the first instance court on January 13, 2006 (see, e.g., Supreme Court Decision 2005Do6791, Jan. 13, 2006). At the time of the instant case, the victims were women of 19 years of age and 20 years of age, who are male, and 49 years of age, when the victims began to hold a regular position. On the day of the instant case, the victims were able to smoke from behind the company's building, and the victims were able to use the less portion of the victim E as 3 secondss of the victim E and 3 secondss of the victims, and 3 secondss of the victims and 3 secondss of the victims following the date of the instant case, and 3 secondss of the victim's right right after the victim's talk, and the fact that the Defendant was able to see the victim's upper part after the victim's talk and 4th of the first part of the instant case.