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(영문) 서울중앙지방법원 2014.12.24 2014노3848
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant: mistake of facts and unreasonable sentencing;

2. Determination on the grounds for appeal

A. (1) As to the mistake of facts, “Indecent act” as referred to in the crime of indecent act by compulsion under the Criminal Act means an act objectively causing a sense of sexual humiliation or aversion to the general public and contrary to good sexual moral sense, which infringes on the victim’s sexual freedom or sexual self-determination. Whether it constitutes such an act ought to be determined after careful consideration of the victim’s intent and gender, age, relationship between the perpetrator and the victim prior to the occurrence of the act, circumstances leading to the act, specific form of act, objective situation surrounding it, and the sexual moral sense

In addition, the Criminal Act does not require a subjective motive or purpose to stimulate sexual humiliation as a subjective element necessary for the establishment of the crime of indecent act by compulsion under the Criminal Act (see, e.g., Supreme Court Decision 2013Do5856, Sept. 26, 2013). It is sufficient to have the awareness that the other party is committing an act that may cause sexual humiliation or aversion, and the same applies to “Indecent act at a public place”.

(2) According to the evidence duly admitted and examined by the court below, ① the Defendant’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.

(3) In light of the above facts of recognition, the defendant's above act is attributable to.

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