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(영문) 서울중앙지방법원 2018.10.18 2018노1522
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal - Fact misunderstanding, misunderstanding of legal principles that the Defendant had dancing in line with E’s hand was merely American personnel, and did not go against the victim’s will, but did not constitute a forced indecent act.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case and erred by misapprehending the legal doctrine on forced indecent act.

2. In full view of the evidence duly admitted and examined by the court below, the court below's judgment that found the defendant guilty of the facts charged of this case is just and there is no error of law by misunderstanding facts or by misapprehending the legal principles as to indecent act by force.

A. Since the defendant also recognized that he had a dancing in line with the victim's hand, it is a question as to whether such behavior had no coercion as an expression of reflect or a formal personnel.

B. ① The Defendant referred to the appearance of the victim, ② despite the victim’s refusal of drinking, the Defendant considered the victim’s hand despite his refusal, and, even if the victim did not lose his hand, had the victim’s hand and dancing with the victim’s hand, etc.; ③ The Defendant’s behavior was forced in light of various circumstances, such as the victim’s words and behavior before and after dancing with the victim’s hand.

It is reasonable to see that it is an act with intent to commit an indecent act beyond the level of expression of reflect or courtesy personnel.

3. According to the conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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