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(영문) 광주지방법원 2017.11.03 2017고정1230

강제추행

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On May 2017, the Defendant: (a) reported from the “E” located in Gwangju Northern-gu, Gwangju (hereinafter referred to as “E” in this case) to the victim F (the victim, 23 years of age), an employee of this case; and (b) subsequently, the Defendant committed an indecent act against the victim on three occasions by making the victim’s shoulder by the victim’s own hand.

2. From the end of May 2017, the Defendant, at the instant coffee specialty point, expressed that the victim is going to the carper, and committed an indecent act by force against the victim on the part of the victim’s chest by making the victim go to the carper.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness F;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant;

1. Statement made by the police on the victim [the defendant and his defense counsel acknowledged that the defendant committed the same act as the facts charged, while the defendant did not have the intent to commit an indecent act against the defendant at the time, and such act does not constitute an indecent act;

The argument is asserted.

An indecent act committed in the crime of coercion means an act that causes sexual humiliation or aversion to the general public objectively and is contrary to good sexual morality, which infringes on the victim's sexual freedom.

The issue of whether it is a result shall be determined by comprehensively taking into account the victim's intention, gender, age, relationship before the offender and the injured person's prior relation, circumstances leading to the act, specific form of act, objective situation around the society, sexual morality, etc.

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

In accordance with the record, the following circumstances may be recognized:

① From March 6, 2017 to March 6, 2017, the victim 23 years of age diversed at the coffee specialty of the instant case, from 7:00 p.m. to 1:00 a.m. next day.

(2)