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(영문) 수원지방법원 2019.01.24 2018노7369

강제추행

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Considering the situation at the time of the prosecutor’s indecent act (misunderstanding of facts as to the part of innocence), and the specific method of indecent act, each act of the defendant constitutes assault in the crime of indecent act by compulsion, and thus, should be calculated by indecent act by compulsion.

Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, which found that each act of the Defendant does not constitute violence.

B. The lower court’s punishment against the Defendant (e.g., six months of imprisonment, 40 hours of completing sexual assault treatment programs, and 3 years of employment restriction) is too unreasonable.

B.2. Determination

A. On July 1, 2018, at around 01:50 on July 1, 2018, the Defendant was killed in C bus at the bus stops in Seocho-gu Seoul Metropolitan Government, and was seated next to the victim D (name, fel, 24 years old). As the bus was operated, the Defendant was able to write his own left hand into the victim’s knife and put the victim’s right hand into the victim’s kkbbbbs.

Accordingly, the Defendant committed an indecent act on the part of the victim.

B) On May 28, 2018, at around 15:00 on the 15:00, the Defendant committed an indecent act with the victim’s knee-knee-knee-knee-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kn-kne-kn-kne-kne-kn-kne-kn-kne-kn-kne-kne-kn.