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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 인천지방법원 2015.10.02 2015노2523
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant did not have committed indecent act by compulsion as stated in the judgment below, or even if such fact is in fact, the act as stated in the judgment below cannot be viewed as indecent act by compulsion, and there was no intention

2. “Indecent act” in the crime of indecent act by compulsion is objectively an act that causes sexual humiliation or aversion to the general public and is contrary to the good sexual moral sense, and thus infringing on the victim’s sexual freedom. Whether such act constitutes such an act ought to be determined with careful consideration of 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 circumstances surrounding the act, and sexual moral sense in the age thereof, and there is no subjective motive or purpose to stimulate, arouse, and satisfy sexual desire as a subjective constituent element necessary for the establishment of the crime of indecent act by compulsion.

(See Supreme Court Decision 2013Do556 Decided September 26, 2013, etc.). In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the court below in accordance with the aforementioned legal principles, namely, ① the victim was a male-child victim from the investigative agency to the court of the court below before the court of the court below, and the defendant was in the way when the victim was in his/her own life and continued to appear, and the victim was in the way when he/she was unable to drive his/her arms, and the victim was sprinked and sprinked at the victim's sprink at the victim's sprink, and the victim was in a manner that he/she was unable to drive his/her arms, ② there are no circumstances to deem that the victim was sprinked or made a false statement, ③ the relationship between the victim and the defendant, and ④ the circumstances up to the complaint of the instant case, the defendant was found to have kiscing the victim as stated in the facts charged, and the above.

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