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Reasons
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(영문) 대전지방법원 2015.07.08 2015고단1144
강제추행
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Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 24, 2015, around 21:30, the Defendant committed an indecent act by force on the part of the victim, on January 24, 2015, on the part of the second E-cafeteria in Seo-gu, Daejeon, that the victim F (37 years of age, female) divided work hours and dialogue with work hours.

Summary of Evidence

1. Legal statement of witness F;

1. Application of the G’s written Acts and subordinate statutes;

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. Article 334(1) of the Criminal Procedure Act provides that the defendant and his/her defense counsel asserted that they did not engage in any act identical to the facts stated in the judgment at the time of the defendant, but according to the statement of F and G, a victim, according to each of the statements of G, a witness, the defendant

Furthermore, it is difficult to evaluate that the defendant's act objectively causes sexual humiliation or aversion to the general public and is contrary to good sexual morality, which leads to violent infringement on the victim's sexual freedom.

Although the defendant did not have the intent to commit indecent acts by force, the crime of indecent acts by force includes not only the other party's indecent acts but also the cases where the act of assault itself is recognized as indecent acts after the other party made it difficult to resist by means of assault or intimidation. In this case, as long as the use of force against the other party's will does not necessarily require to suppress the other party's intent, the assault is imprisonent, and the indecent act objectively causes sexual humiliation or aversion to the general public and infringes on the victim's sexual freedom.

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