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(영문) 대전지방법원 홍성지원 2018.06.28 2018고정25
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

The defendant is residing in his residence, who works as the head of a hospital from the D Council member located in his residence, and the victim E (the age of 69) is a person living in the D Council member located in his residence, and the victim E (the age of 69) is coming to and going to the D Council member to receive hospital treatment.

On December 15, 2017, 15:32 around 15:32, 2017, the victim was approaching the victim, who is faced with a curling in the clinic located within the clinic located within the House for Treatment, and the victim's right chest was in his/her hand, as the canter canter, and the victim was forced to commit an indecent act against the victim's will.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against the victim;

1. Application of the Act and subordinate statutes to the investigation report (on-site photographs and CCTV at the time of the incident);

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument was between the defendant and the victim's familiarness, and the defendant was also unable to accurately memory the reason why the victim's chest was distorted, but he was acting more than that of the peace;

In full view of the fact that the defendant is recognized, and the victim is already older than 70 years old, the defendant asserts that the defendant does not have the chest intentionally committed indecent act.

2. Determination

A. The indecent act of relevant legal principles is objectively an act that causes sexual humiliation or aversion to the general public and is contrary to good sexual moral sense, and thus infringing on the victim’s sexual freedom. Whether it constitutes such an act is the victim’s intent, gender, age, relationship before the perpetrator and the injured person, circumstances leading to the act, specific circumstances leading to the act, and the surrounding objective situation and the sexual moral sense.

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