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(영문) 서울동부지방법원 2020.06.11 2019고단3893
강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On June 19, 2019, at around 23:10 on June 23:10, 2019, the Defendant: (a) putting the hand in a part of the partitions of the wooden material that he or she gets her, etc. that he or she gets her to her, and committed an indecent act by force on the part of the victim D (Ga name, her, her age 18) that he or she sits down after the partitions.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement made by the police in relation to D;

1. Each written statement of D (alias) and E;

1. On-site photographs, the defendant and his defense counsel's assertion

1. The summary of the argument is that the defendant contacted the victim's left part of the defendant's trade, but this does not constitute an "indecent act" under the Criminal Act, but merely does not intend to commit an indecent act against the defendant on the part of the victim in the course of approaching the victim's horses.

2. Determination

A. “Indecent act” means an act that causes a sense of sexual humiliation or aversion to the general public and is contrary to good sexual morality, and thus infringing on the victim’s sexual freedom. Whether an act constitutes an act ought to be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship between the offender and the victim prior to such act, circumstances leading to the act, specific form of act, objective situation surrounding the act, and the sexual moral sense of that time.

In addition, there is no subjective motive or purpose to stimulate sexual humiliation as a subjective element necessary for the establishment of the crime of indecent act by compulsion.

(See Supreme Court Decision 2013Do5856 Decided September 26, 2013, etc.). B.

The following circumstances acknowledged by the evidence admitted as evidence of conviction, i.e., in the indecent act against women, cannot be deemed as having an essential difference depending on the body part, and contacted.

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