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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Criminal facts
On September 9, 2016, 2016, at D's house located in Suwon-gu, Suwon-si, 403 building C, 403, the Defendant - (23 years of age) was able to drink with D et al., and was able to do so first on the room floor, and the Defendant - (23 years of age) was able to commit an indecent act against the victim. The Defendant - was able to take her hand into the victim's clothes, and her chest was able to take her hand on her part, and her chest was her hand around three times.
Accordingly, the Defendant committed an indecent act against the victim who was in a locked state.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E, and partial statement of witness D;
1. The statement of the police about E (the defendant and his defense counsel did not have any intention to commit an indecent act by force against the defendant;
The argument is asserted.
The crime of indecent act by force includes not only the case where the other party commits an indecent act after making it difficult to resist the other party by resorting to violence or intimidation, but also the case where the body of the person committing the assault is recognized as an indecent act. In this case, the assault does not necessarily require the degree of suppressing the other party's intent, but also there is the exercise of force against the other party's will, even if it is against the other party's will (see Supreme Court Decisions 91Do3182 delivered on February 28, 1992, 94Do630 delivered on August 23, 1994, etc.). An indecent act is objectively an act that causes sexual humiliation or aversion to the general public and infringes on the victim's sexual freedom. Whether it constitutes it is against the victim's will, gender, age, relationship between the offender and the person, the relationship before the victim's act, specific circumstances leading to the act, specific circumstances leading to the act, sexual morality at the time of 197.