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(영문) 청주지방법원 2018.09.05 2017고단2407
강제추행
Text

The defendant shall be innocent.

Reasons

Punishment of the crime

The defendant was in the factory of the Dispute Resolution Co., Ltd. in Chungcheongnam-gun, Jincheon-gun, and is in the workplace of the victim D (ma, 40 years of age).

1. On May 30, 2017, the Defendant, at around 14:00 on May 30, 2017, committed an indecent act by force against the victim, who brought sampling to the site upon the Defendant’s request, by stating that “I would like to see one face,” and, at the Defendant’s request, I would like to sat the victim’s shoulder with his left arms.

2. The Defendant, on June 13, 2017, performed the collection of samples at a half-site of the manufacturing site of the above factory around 09:30 on June 13, 2017, as the Defendant, “Islue” to the Defendant, “Islue,”

In the phrase “dial-a-law”, the victim committed an indecent act by force, such as putting the victim’s shoulder at the right arms.

2. Determination

A. In light of the relevant legal principles, an indecent act that causes sexual humiliation or aversion to the general public and is objectively contrary to good sexual moral sense, and thus, constitutes an infringement on the victim’s sexual freedom. Whether an indecent act constitutes such an act ought to be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship before the perpetrator and the victim, circumstances leading to the act, specific manner leading to the act, objective situation surrounding the act, and sexual moral sense in the age (see Supreme Court Decision 2014Do17879, Jul. 23, 2015). (b) The victim was committed by the Defendant as shown in the instant facts charged from the investigative agency to this court.

In full view of the following facts and circumstances acknowledged by the record, separate from whether each act of this case by the defendant constitutes an inappropriate sexual harassment against the victim, the above statement by the injured person alone proves that the defendant committed an indecent act against the victim with the intent to commit an indecent act by force.

It is difficult to see it.

1) The victim himself/herself is of the active nature of his/her reputation.

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