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(영문) 수원지방법원 2019.07.17 2019고정447
강제추행
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 9, 2018, the Defendant: (a) around 21:30, at the “C cafeteria,” which is a place of a meeting held in Ssung City B; (b) on the one hand, the team members, who had been holding a ceremony in the past of the mastma, and (c) the victim D (the 29 years old) who was a member of the same workplace of the same victim, who was in the same workplace of the math, got a hand of the victim who was a victim and the Hathabbb; and (d) kid the victim’s shoulder with the back of the left part, the Defendant said that the Defendant kids or kids on one hand.

Accordingly, the Defendant committed an indecent act by force against the victim.

Summary of Evidence

1. D's legal statement;

1. An investigation report (the closure of the main scam of CCTV at the scene of the crime);

1. Application of statutes on video data related to the case

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion recognizes the fact that the defendant committed a physical contact, such as kisking the victim's shoulder, but did not wick the shoulder while kisk or kisk at one time.

In addition, the defendant's act was trying to display reflects while on the part of the person on the spot, and there was no intention of indecent act by indecent act against the defendant, not by indecent act by indecent act by indecent act.

2. Determination

A. The crime of indecent act by compulsion includes not only cases of indecent act after the other party makes it difficult to resist by means of assault or intimidation but also cases where the act of assault itself is recognized as an indecent act, and the assault in this case is not necessarily necessary to suppress the other party’s intent.

Indecent acts are acts that cause sexual humiliation or aversion to the general public objectively and are contrary to good sexual morality, and thus the victim's sexual freedom.

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