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(영문) 서울동부지방법원 2017.08.04 2017고단1391
강제추행
Text

The defendant shall be innocent.

Reasons

1. Facts charged;

A. On July 2015, the Defendant found the victim E (the age of 34) in front of Songpa-gu Seoul, Songpa-gu, Seoul around 07:20 on July 2015, and committed an indecent act by force against the victim, following up to the G park entrance in Songpa-gu, Seoul, with the victim as close as the ear of the victim who was suffering from his or her own, and as the victim was at the close as the victim’s knife and the victim was at the close to the ear of the victim.

B. On the front day of Songpa-gu Seoul Metropolitan Government on January 2016, the Defendant discovered the above victim, followed the Defendant’s indecent act by forcing the victim to commit an indecent act on the front day of the 1st century in Songpa-gu Seoul, where he discovered the victim, and led the victim to the victim, at the close to the ear of the victim’s ear, and at the end of the Haak-gu in Songpa-gu, Seoul.

(c)

On December 8, 2016, at the entrance of G Park in Songpa-gu, Seoul on December 8, 2016, the Defendant discovered the above victim and committed an indecent act against the victim by committing an indecent act against the victim, following the discovery of the victim at the entrance of G Park in Songpa-gu, Seoul, and the victim, who was suffering from the victim's fright and frighting to fright to fright to fright to fright to fright to fright

2. The crime of indecent act by force is established by committing an indecent act against another person by means of violence or intimidation, and such violence or intimidation requires to be such a degree that it may be difficult to resist.

In addition, whether such assault, etc. was likely to make it difficult for the victim to resist shall be determined by comprehensively taking into account all the circumstances such as the content and degree of the assault, etc., the developments leading up to the exercise of force, the relationship with the victim, and the circumstances at the time of and after the prosecution (see, e.g., Supreme Court Decision 2011Do8805, Jul. 26, 2012). However, the Defendant’s act in the facts charged of the instant case was merely a mere fact that both the victim and the victim were suffering from close back to the victim’s return, and that the Defendant committed such an act, even if there is room for such an act to constitute an indecent act against the victim, apart from the fact that such act constitutes an indecent act against the victim.

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