강제추행
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is that the court below erred by misapprehending the facts charged in this case or by misapprehending the legal principles, which affected the conclusion of the judgment, even though the defendant did not have committed indecent act by force as stated in the judgment below.
2. Determination:
A. The crime of indecent act by compulsion includes not only the case where an indecent act is committed after the other party makes it difficult to resist by means of violence or intimidation, but also the case where the act of assault itself is recognized as an indecent act. In this case, as long as the assault does not necessarily require the degree to suppress the other party’s intent, and the exercise of tangible force against the other party’s will is contrary to the other party’s intention, the indecent act regardless of its force is objectively an act that causes sexual humiliation or aversion to the general public and is contrary to the good sexual moral sense, and thus, infringes on the victim’s sexual freedom. Whether it is so determined shall be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship between the offender and the victim prior to that time, circumstances leading to such act, specific form of act, objective situation, and sexual morality at that time, etc.
B. (See, e.g., Supreme Court Decision 2001Do2417, Apr. 26, 2002).
원심에서 적법하게 채택하여 조사한 증거들에 의하여 인정되는 다음의 사정들 즉, ① 피해자 C은 수사기관에서 원심 법정에 이르기까지 '피해자가 만나기로 한 친구와 연락이 안 되어 2013. 9. 27. 01:30경 인천 계양구 계산동 990-35에 있는 축산농협 앞에서 서있는데, 피고인이 다가와 술 먹으러 가자며 피해자의 오른 손목을 잡아끌었고, 이에 싫다고 하며 손을 뿌리치니 또다시 피해자의 한쪽 팔짱을 끼면서 밥 먹으러 가자고 하였다.
The defendant does not want to do so to the victim and sporesponding him.
It is well-known and well-known to work with the money.