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(영문) 대구고등법원 2015.04.09 2014노612
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)등
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for three years;

3. Sexual assault against the defendant for 100 hours.

Reasons

1. Summary of grounds for appeal;

A. In order to verify the cleanliness and health conditions of the victims who are married, the Defendant was only aware of the victims’ body.

Therefore, the defendant did not have the intention to commit an indecent act, and the defendant's act constitutes a legitimate act as a parent's act of raising a child.

B. The lower court’s sentence of unreasonable sentencing (four years of imprisonment) is too unreasonable.

2. Determination

A. (1) As to the assertion of mistake of facts or misapprehension of legal principles, the term “indecent act” in the crime of indecent act by compulsion is objectively an act that causes a sense of sexual humiliation or aversion to the general public and is contrary to good sexual moral sense, and thus infringing on the victim’s sexual freedom. Whether it is so determined ought to be carefully determined by comprehensively taking into account the victim’s intent, gender, age, relationship between the actor and the victim before, the circumstances leading to the act, specific manner of the act, the objective situation surrounding the society, and the sexual morality of the times. It does not require any subjective motive or purpose to stimulate, stimulate, and satisfy sexual humiliation as a subjective element necessary for the establishment of the crime of indecent act by compulsion (see Supreme Court Decision 2013Do5856, Sept. 26, 2013). Examining the following circumstances acknowledged by the evidence duly adopted by the lower court, there is room for reasonable deliberation on the Defendant’s intentional act at the time of the crime of indecent act by compulsion.

(1) With respect to the victims' great daughters C (at that time 16 years of age), the Defendant reported that the victims were able to sleep on the new wall, carried the knife by leaving the knife (the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife,

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