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(영문) 대구지방법원 2015.04.30 2014노2802
강제추행
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Although the summary of the grounds for appeal did not commit an indecent act against the victim, the lower court found the Defendant guilty of the facts charged in this case by misunderstanding the fact.

2. The summary of the instant facts charged was around 00:05, Nov. 14, 2013, the Defendant: (a) 200:05, at the seat of the Dana Club in Daegu-gu, Daegu-gu, to conduct an identification card inspection; (b) she was placed in the victim E (V) who was waiting for the inspection of his/her identification card; and (c) her her son was her

Accordingly, the Defendant committed an indecent act on the part of the victim.

3. Determination

A. As to the judgment of the court below, the court below found the defendant guilty on the ground that the defendant's act constitutes an indecent act in the crime of indecent act by compulsion, in light of all circumstances such as the victim's statement in the court below and the defendant's own assertion that the defendant had been committed in the state of exploitation at the time of the instant case, and the defendant's first committed the victim on the day of the instant case, and it appears that there was no reason to speak the victim as a result of the sensitive women's physical

B. 1) In light of the legal principles as seen earlier, an indecent act may objectively cause sexual humiliation or aversion to the general public and infringe on the victim’s sexual freedom. Whether it constitutes such an act is an act that goes against the victim’s good sexual moral sense beyond merely causing the victim’s humiliation, etc., and thus, should be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship before the offender and the victim, circumstances leading to the act, specific manner leading to the act, objective situation surrounding the act, and the sexual morality of the time (see, e.g., Supreme Court Decision 2014Do6416, Dec. 24, 2014). 2) In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the Defendant’s act goes against the victim’s good sexual moral sense.

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