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(영문) 의정부지방법원 고양지원 2018.05.31 2017고단3704
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. 2017. 7. 3. 자 강제 추행 피고인은 2017. 7. 3. 19:41 경 고양 시 일산 동구 B 빌딩 3 층 피고인이 학원장으로 있는 ‘C’ 이라는 상호의 학원에서 위 학원에 다니는 피해자 D( 여, 19세) 가 시험을 치고 있는 것을 보고 피해자에게 다가가 갑자기 손을 피해 자의 살갗이 드러난 목 부위에 갖다댄 후 손으로 피해자의 왼쪽 손목 부위를 수차례 만져 피해자를 강제로 추행하였다.

2. On July 5, 2017, the Defendant was forced to commit an indecent act by force on July 5, 2017: (a) discovered the victim D who was taking lessons in the above C Class on July 5, 2017; (b) accessed the victim; and (c) “ponner was aware of it as a tridar.”

No. 90 d.

Go 2, stating that it would be believed to believe the floor of the victim, placing the floor of the victim's own loss on the right shoulder of the victim, and committing an indecent act by force against the victim's shoulder with his fingers.

3. On July 10, 2017, the Defendant committed an indecent act by force on July 10, 2017: (a) discovered that the instant victim D was emitted from the said victim’s right narrow passage behind the said C class on July 10, 2017; and (b) entered the said passage to the victim, and (c) committed an indecent act by coercioning the victim’s right part of the victim’s right shoulder with the victim’s own left hand.

Summary of Evidence

1. Partial statement of the defendant;

1. D Legal statements;

1. Determination on the video issue of the video recording at the scene of crime

1. The fact that each of the Defendant’s physical contact with the Defendant stated in the facts charged is recognized in the video recording video (CCTV video) at the issue scene of the crime.

The defendant and the defense counsel had no intention to commit an indecent act against the defendant without such physical contact as committing an indecent act.

The issue of this case is whether the defendant's indecent act constitutes an indecent act and whether the defendant's indecent act constitutes an indecent act.

2. Determination

(a) Indecent conduct of relevant legal principles is an act that causes sexual humiliation or aversion to the public objectively and is contrary to good sexual morality, thereby infringing on the victim’s sexual freedom.

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