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(영문) 의정부지방법원 2015.09.22 2015노1691
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (fact-finding) is that the Defendant only saw the lux and bridge by having the victim wear her clothes, and did not her block, but did not commit an indecent act against the victim.

2. Determination

A. The crime of indecent act by compulsion includes not only the case where an indecent act is committed after the other party makes it difficult to resist by means of assault or intimidation, but also the case where the act of assault itself is recognized as an indecent act. In this case, as long as the assault does not necessarily require that the degree of suppressing the other party’s intention is to be limited, it does not necessarily require that the assault is against the other party’s will, regardless of its force’s resistance.

B. (See, e.g., Supreme Court Decision 2001Do2417, Apr. 26, 2002).

The court below duly admitted and examined the following circumstances, namely, ① the victim made a statement from the investigative agency to the court of the court below on the consistent and concrete damage facts that “I have no fact that I had the Defendant sent clothes first to the defendant. I have kne part of kne, kne, kne, kne, knebbb kne, and knb knb knel twice.” The credibility of the statement is recognized. ② The contents of CCTV images recorded at the time of the instant case coincide with the victim’s statement. ② The victim reported the fact of damage after the instant case, ③ the victim secured CCTV images by visiting the gas station at the police station at the time of the instant case, and ③ the victim secured the CCTV images after two days after the instant occurrence, ④ the Defendant tried to verify whether I had complied with clothes, but it is difficult to view the victim’s knbbbbbs and knbs as a whole.”

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