(영문) 수원지방법원 2020.12.17 2020고정647

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자간(%)

(영문) 수원지방법원 2020.12.17 2020고정647

강제추행

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On December 8, 2019, the Defendant committed the crime against the victim B (Inn, 56 years of age) discovered the victim who was frighting with the first fright point in the D party point in the building in Yeongdeungpo-gu Seoul Metropolitan Government, and found the victim who was frighting with the first frighting food at the D party point in the building in Yeongdeungpo-gu Seoul Metropolitan Government, and committed an indecent act by force against the victim by making the victim’s frighting by his own hand only once.

2. On December 8, 2019, at around 11:21, 201, the Defendant committed a crime against the victim E (man, 53 years of age) and committed an indecent act by force against the victim, who was an employee of the Defendant’s table, using the victim’s words, “I see that “I am a large number of his family members, and I am a speech, I see that I am am a part of the victim’s am, and I am a part of the victim’s am.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness B, E, F, and G;

1. Each statement of B and E;

1. Results of the reproduction of DNA CCTV CDs;

1. The defendant and his defense counsel asserted that the defendant's investigation report (CCTV verification) and defense counsel only reported the victims' body by chance during the process of expressing his intent to the victims, and there was no intention to commit an indecent act against the defendant, and the defendant's act does not constitute an objective indecent act.

The crime of indecent act by compulsion includes not only cases of indecent act after the other party makes it difficult to resist by means of assault or intimidation, but also so-called indecent act by assault itself recognized as an indecent act.

In particular, in the case of indecent conduct, violence at the same time as the indecent conduct is not necessarily required to suppress the other party's will, and if there is the exercise of tangible force against the other party's will, it is not necessary to suppress the other party's will, regardless of its power.

Furthermore, indecent conduct causes sexual humiliation or aversion to the general public objectively and sexually.

유사 판례

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