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(영문) 서울고등법원 2020.12.10 2020노1743
강제추행등
Text

Defendant

In addition, both the appeal by the person requested to attach an attachment order and the appeal by the prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

A. Regarding the fact that the Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) committed indecent acts by compulsion, etc., the Defendant merely contacted the Defendant’s hand and did not commit any act identical to this part of the facts charged, and did not intend to commit an indecent act.

In addition, even if the act indicated in this part of the facts charged is found guilty, the crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at Open Space) should be applied not to the crime of indecent act by compulsion, but to the crime of indecent act at Open Space (hereinafter “Indecent

Nevertheless, the lower court recognized that the Defendant committed an act indicated in this part of the facts charged and found the Defendant guilty on the basis of the crime of indecent act by compulsion. In so doing, the lower court erred by misapprehending the legal principles and misconception of facts.

B) With respect to the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and attempted indecent acts by compulsion, the Defendant entered a male toilet due to a sudden change, but there is no empty space, thereby making a melting the female toilet and making a cleaning agent. However, the victim D merely prevented the victim from harming the victim's sound by getting out of a different gate, coming from a purely different gate, and getting out of a purely different gate, but the Defendant did not intrude the female toilet for the purpose of meeting the sexual desire, and did not have any intentional indecent act. Nevertheless, the lower court convicted the Defendant of this charges. Accordingly, in relation to the attempted larceny of larceny, the lower court erred by misapprehending the legal doctrine, and the Defendant went to the office to inquire about the water purifier price, etc., and thus the victim G went out to the center, thereby losing the center of the victim's hand.

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