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(영문) 서울동부지방법원 2016.10.06 2016노516
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the lower court found the Defendant guilty of the facts charged in this case by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. Determination

A. "Indecent act" means an act that causes a sense of sexual humiliation or aversion to the public objectively and contrary to good sexual morality, which infringes on the victim's sexual freedom. Whether an act constitutes such an act should be determined carefully by comprehensively taking into account the victim's intent, gender, age, relationship between the offender and the victim prior to the occurrence of the act, circumstances leading to the act, specific form of the act, objective situation surrounding the act, and the sexual moral sense of that time.

(2) Article 18(1) of the Act provides that “The term “the term of “the term of “the term of “the term of “the term of “the term of “the term of “the term of “the term” means the term of “the term of “the term of “the term of “the term” under the term of “the term of “the term of “the term of “the term” under the term of “the term of “the term of “the term”

Specifically, according to the evidence duly adopted and examined by the court below, the facts as stated in the facts charged in this case are acknowledged. ① The defendant is a 50 taxi engineer at the time of this case, whereas the victim is a 20 university student at the time of this case, ② the defendant and the victim are merely the 20 university student at the time of this case, ② the defendant and the victim are merely the 4th time against the victim's will, but they were forced to sing, forced to sing, demanding the victim to sing, demanding the victim's cell phone number and sing back to the south, ③ the victim did not consent to the defendant's demand by the defendant's continued request, ③ the victim did not consent to the defendant's request by the first time, ④ the victim was aware of the damage to the mother's mother as the defendant left the taxi driving, and filed a complaint immediately after several hours.

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