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(영문) 부산지방법원 2014.09.19 2014노2140

강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant did not commit an indecent act against the victim and did not commit violence or intimidation, and thus, the lower court found the Defendant guilty of the facts charged in the instant case by misapprehending the legal principles or erroneous determination of facts.

2. Determination Domination or indecent act by compulsion 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 act of assault itself is regarded as an indecent act. In this case, as long as the use of force against the other party’s will is not necessarily required to suppress the other party’s intention, the assault should be determined regardless of its force’s strength.

(see, e.g., Supreme Court Decision 2001Do2417, Apr. 26, 2002). According to the evidence duly adopted and examined by the court below, the victim has consistently made a statement to the effect that “the defendant was able to write and tur the victim’s humf with his hand,” and the victim’s act constitutes the exercise of force against the victim’s will, without finding any reasonable circumstances to suspect consistent, specific credibility.

Therefore, the court below's finding the defendant guilty of the facts charged in this case based on the evidence of this case is just and there is no ground for appeal by the defendant.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.