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(영문) 서울서부지방법원 2015.11.26 2015노176

강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. 항소이유의 요지 (사실오인) 피고인은 피해자들의 동의를 얻어 가슴 부위 등을 마사지한 것이고, 추행할 의사로 음부를 만지거나 가슴을 움켜쥔 사실이 없다.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged although the defendant did not have committed an indecent act by force as stated in the judgment of the court below.

2. “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, and the determination should be made carefully by comprehensively taking into account the victim’s intent, gender, age, relationship between the offender and the victim prior to the occurrence, circumstances leading to the act, specific form of conduct, and the objective situation surrounding the act, and the sexual moral sense of that time.

In addition, there is no subjective motive or purpose to stimulate sexual desire as a subjective element necessary for the establishment of the crime of indecent act by compulsion.

(See Supreme Court Decision 2013Do5856 Decided September 26, 2013, etc.). Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, the Defendant’s assertion is without merit.

The victims consistently stated specific and clear matters concerning the situation from the investigative agency to the court of the court below, the circumstance and details of the Defendant’s indecent act, and the fear of the victims at the time, etc., and there is no particular contradiction between each statement.

B. The Defendant committed an act identical to the entries in the judgment of the court below while the victims were Madice, and the Defendant is a woman whose physical part of the victims of dancing or knife.