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(영문) 서울동부지방법원 2016.02.12 2015고단2639
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On May 2015, the Defendant committed the first police officer on May 2015, 2015, with respect to the view of the Victim F (V, 19 years old), who is a subordinate employee of the Defendant, in the front corridor of the waiting room for employees E located in Gangdong-gu Seoul, Gangdong-gu, Seoul, as his/her hand, became the victim F (V, 19 years old).

Accordingly, the Defendant committed an indecent act on the part of the victim.

2. The Defendant committed a crime on May 2015, 2015, with the hands of the said victim at the place indicated in the foregoing paragraph (1) in May 2015, the lower part of the said victim’s timber and shouldered.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. The statement made by the police about F (the defendant and his defense counsel had a fact that the defendant was able to see the victim at the level of encouragement, but there was no fact that other parts of the body were flick, and there was no intention to commit indecent act against the defendant;

The argument is asserted.

The crime of indecent act is included not only in the case of indecent act after the other party makes it difficult to resist by means of violence or intimidation but also in the case where the body of the person of assault is regarded as indecent act after the other party makes it difficult to resist. In this case, the assault is not necessarily required to suppress the other party's will.

An 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 such an act ought to be determined carefully in full view 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 situation surrounding the act, and the sexual moral sense in that time (see Supreme Court Decision 2015Do6980, Sept. 10, 2015). The following circumstances acknowledged by the evidence as mentioned above, namely, ① the Defendant’s autonomy from around April 2015 to the victim’s view, and the victim’s “any reason is”

“A refusal to do so” is a refusal.

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