강제추행
The judgment of the court below is reversed.
Defendant shall be punished by a fine of two million won.
The above fine shall not be paid by the defendant.
1. In full view of the victim’s statement in the court below’s reasoning of appeal, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment, although the defendant could have found that he committed an indecent act on the part of the victim with a view to breaking the victim as a shouldering the victim.
2. Determination
A. Around November 11, 2017, the Defendant committed an indecent act, such as committing an indecent act in front of the stage of the C stable event site in the Jeonnnam-gun B, the Defendant: (a) at the front of the stage; (b) on the side of the victim D (V, waiting for food, 17 years of age) who was intending to buy food; and (c) at the seat of the victim.
B. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated, the lower court rendered a judgment on the facts charged in this case on the ground that the Defendant’s act appears to be an act of giving a sense of aversion against the victim’s will, but it is difficult to deem that the general and average person in an objective same situation objectively causes a sense of sexual humiliation or aversion, and that it constitutes an act contrary to a good sexual moral sense and thus constitutes an infringement on the victim’s sexual freedom.
① 피고인은 행사장에서 돌아다니던 중 노점에서 음식을 사려고 줄을 서 있던 피해자의 뒤에 다가가 손으로 패딩을 입고 있던 피해자의 한쪽 어깨부분을 패딩 위로 꾹 눌러 잡았다.
(2) The injured party shall make a statement at the time that the defendant was scambling his body near to him at that time, but he shall not scam the body of the injured party by selling.
E, a witness, states that the defendant does not attract the victim, but the defendant has a shoulder as he has a shoulder.
(3) The shoulder, which is a physical part of a defendant's contact, shall not be deemed a specific physical part related to social norms, and the behavior of the defendant is different.