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(영문) 부산지방법원 2015.01.16 2014고합356
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 15, 2014, the Defendant, as a person with intellectual disability 2, has weak ability to discern things or make decisions due to lack of mental retardation and caution, and around 13:10 on March 15, 2014, the Defendant changed to C (here, 14 years old) who was waiting for subway from the subway station platform in Seo-gu, Busan, Seo-gu, Busan, to “the telephone number and name are written,” and the Defendant changed to the victim’s hands.

Therefore, when the victim gets on the subway by getting out of the subway, the defendant was able to get on the subway, and the defendant was able to get on the same house, and the victim was forced to have the shoulder and arms of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement contained in the video CD;

1. Criminal paper, each investigation report (Attachment of text messages and telephone conversations sent by a suspect, suspect specific, subway CCTV photographs) [The defense counsel of the defendant asserts that the defendant's act does not constitute an indecent act by compulsion. However, the crime of indecent act by compulsion includes not only the case where the defendant's act of indecent act is committed after the defendant made it difficult to resist by assault or intimidation against the other party, but also the case where the act of indecent act itself is acknowledged as an indecent act. In this case, the assault does not necessarily require that the other party's intention is at least to suppress it, regardless of its power against the other party's will (see, e.g., Supreme Court Decisions 91Do3182, Feb. 28, 1992; 91Do3182, Feb. 28, 1992). Whether it constitutes an indecent act is an act infringing upon the victim's sexual freedom, which objectively causes sexual humiliation or aversion and is contrary to good sexual morality.

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