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(영문) 창원지방법원 통영지원 2017.12.15 2017고단831
강제추행
Text

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. On January 19, 2017, the summary of the facts charged is that the Defendant, at a golf course located in Tong Young-si D around 15:40 on January 19, 201, the victim F (n) who is glurd in his/her place, “mast a male-gu vaga and vagabonds only” was “a male-gu vaga,” and the victim’s knurd with a golf knife part.

Accordingly, the Defendant committed an indecent act on the part of the victim.

2. 1) The crime of indecent act by force includes not only cases where the other party commits an indecent act after making it difficult to resist by assault or intimidation, but also cases where the body of assault is deemed to be an indecent act. In this case, as long as the assault is not necessarily required to suppress the other party’s intent, and there is exercise of tangible force against the other party’s will, it should be determined regardless of the force’s force. An indecent act objectively causes sexual humiliation or aversion to the general public and goes against the good sexual moral sense, and infringes on the victim’s sexual freedom. Whether it constitutes it should be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship between the perpetrator and the injured party, circumstances leading to the act, specific form of act, surrounding objective situation, sexual moral sense of that time, etc. (see Supreme Court Decision 201Do2417, Apr. 26, 2002). The following facts in light of the legal principles as seen above, the Defendant’s statement and the date and place of the act in this case can not be determined based on the following legal principles.

2) First, the Defendant’s act at issue, such as the facts charged, does not directly contact his body and body.

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