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(영문) 서울중앙지방법원 2015.01.30 2014노4574
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds of appeal did not commit an act corresponding to the indecent act by compulsion, and there was no intention to commit an indecent act by compulsion.

Nevertheless, the court below erred in finding guilty of the facts charged in this case by misunderstanding of facts or misunderstanding of legal principles.

2. The judgment of this Court

A. The victim stated to the effect that “the Defendant laid down the water shoot, which is a promotional material, as his hand. The victim blicked the hand blicking the water blick with the water shoot on the breast speed. blicked a sense of shame as a woman.”

In full view of the evidence records 7,34 pages 7, 34, the above statements and CCTV image-cap photographs, the defendant can be found to have committed the same act as the facts charged.

This constitutes an indecent act by compulsion.

B. The subjective constituent elements of the crime of indecent act by compulsion do not require a subjective motive or purpose to stimulate, arouse, or satisfy sexual desire.

(see Supreme Court Decision 2013Do5856, Sept. 26, 2013). Examining the evidence duly admitted and examined by the lower court in light of the evidence duly admitted and examined by the lower court, the Defendant appears to have been aware that he/she was engaged in the same conduct as indicated in the facts charged.

As such, it is recognized that there was no subjective motive or purpose to stimulate, stimulate, and satisfy the sexual desire of the defendant at the time of the snow death, even though there was no subjective motive or purpose to commit indecent act by compulsion.

C. Therefore, the court below is just in finding the Defendant guilty of the facts charged in this case, and there is no error of law by misunderstanding facts or by misunderstanding legal principles which affected the conclusion of the judgment.

3. According to the conclusion, the appeal of this case by the defendant is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit.

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