강제추행
The judgment of the court below is reversed, and the case is remanded to Busan District Court Panel Division.
The grounds of appeal are examined.
1. The crime of indecent act by force includes not only cases where the other party commits an indecent act subsequent to making it difficult to resist by assault or intimidation, but also cases where the body of the person who commits the indecent act is deemed to be an indecent act.
In such a case, violence does not necessarily require that it be sufficient to suppress the other party’s intent, and, insofar as there is an exercise of tangible force contrary to the other party’s intent, it would be against the other party’s will, even if it is an exaggeration of the force (see, e.g., Supreme Court Decisions 91Do3182, Feb. 28, 192; 94Do630, Aug. 23, 1994). In addition, an indecent act is objectively an act that causes sexual humiliation or aversion to the general public and is contrary to the good sexual moral sense, thereby infringing the victim’s sexual freedom.
The issue of whether it falls under this case shall be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship between the perpetrator and the victim prior to the occurrence of the act, circumstances leading to the act, specific form of act, objective situation in the surrounding area, and sexual morality concept of the age (see Supreme Court Decision 97Do2506, Jan. 23, 1998; Supreme Court Decision 2001Do2417, Apr. 26, 2002, etc.). The summary of each of the facts charged of this case is that the defendant committed an indecent act by force, such as inducing the victim to put him before the elevator of the first floor in the victim’s residence.
B. On the grounds indicated in its reasoning, the lower court acknowledged the fact that the Defendant committed each act identical to the facts charged, but it does not constitute an indecent act, and the Defendant’s act in front of the elevator did not constitute an indecent act, and the damaged person was in a difficult condition to resist due to the Defendant’s assault or intimidation or the stimulation of such act
It is difficult to see
The judgment of the court of first instance which acquitted the defendant.