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(영문) 춘천지방법원 2016.05.04 2015노170
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. A. On August 4, 2014, the Defendant had no her but to her son who committed an indecent act.

2) 2014. 8. 6. 강제 추행 피고인은 좁은 통로에서 길을 터 주게 하려는 의도로 손등과 그릇으로 피해자를 툭 친 것일 뿐 추행의 의도는 없었다.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 1.5 million, and an amount of KRW 40,000 for sexual assault treatment programs) is too unreasonable.

2. Determination

A. On August 4, 2014, in full view of the following circumstances revealed by the evidence duly adopted and investigated by the lower court, the Defendant’s indecent act on the part of the forced indecent act on August 4, 2014 can be found to have committed an indecent act by force against the victim in light of the victim’s her her tock.

(1) The victim made a statement from an investigative agency to the court of original trial to the purport that this part of the facts charged is consistent with the facts charged, and such statement is consistent and credibility.

2. On August 6, 2014, the victim resisted the defendant about the indecent act, and "I do not have any participation in the same day before it was referred to."

“........”

Although the above text had been engaged in an action before the mold ( August 4, 2014), it appears to the purport that, today, ( August 6, 2014), it was impossible to participate in an action due to the same day.

In this regard, the defendant showed that he has repeatedly transmitted a crime without denying the fact of indecent act.

2) The indecent act committed on August 6, 2014 in the part of the indecent act committed on the part of the general public objectively causes sexual humiliation or aversion to the general public and infringes on the victim’s sexual freedom as an act contrary to good sexual morality. Whether it is said that the act constitutes an infringement upon the victim’s sexual freedom. In full view of the victim’s intent, gender, age, relationship between the perpetrator and the victim prior to the act, circumstances leading to the act, specific form of the act, objective situation surrounding the act, and the sexual moral sense of the time

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