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(영문) 대구지방법원 2016.06.24 2015노2975
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant only brought his hands on the part of the victim in the process of proposing the boat, and there was no fact of committing an indecent act against the victim as stated in the facts charged, and there was no intention to commit an indecent act by force.

2. Determination refers to an act that causes sexual humiliation or aversion to the general public and is contrary to good sexual morality, and thus infringing on the victim’s sexual freedom. Whether an act constitutes such an act should be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship before the actor and the victim, circumstances leading to the act, specific manner leading to the act, the objective situation surrounding the act, and the sexual morality of the time (see, e.g., Supreme Court Decision 2003Do7107, Jul. 14, 2005). Moreover, the lower court’s subjective motive or purpose is not required to stimulate sexual humiliation as a requirement for establishing the crime of indecent act, and thus, it does not require any subjective motive or objective purpose to mislead the victim of sexual humiliation against the victim’s sexual humiliation, and thus, it constitutes an unlawful act against the victim’s free will, and thus, it can be objectively acknowledged that the Defendant’s act of sexual humiliation and decent act against the victim’s free will.

(2).

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