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(영문) 수원지방법원 안양지원 2018.11.28 2018고단187
강제추행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From January 1, 2018 to around 08:44 to around 08:55, the Defendant introduced themselves to the victim J (the 20 years old) of the victim J (the son, the son, the son, the son, and the 20 years old) who was waiting for the calculation after the breathing of the breath in the I store located in the Dong of the Gu H building B during the Ansan-si period. “After the 100 billion won, the Defendant operated four commercial buildings now, and the breath of the breath of the breath, the breath of the breath of the breath, and the breath of the breath of the breath, the breath of the breath, the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the buck.”

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police to J;

1. CCTV video CDs;

1. A criminal investigation report (CCTV image analysis) (the defendant and his defense counsel merely acted as stated in the facts constituting a crime in the name of the victim's friendlyness that he did not commit an indecent act

The argument is asserted.

An intentional act refers to an intention to commit an indecent act while knowing the facts of the crime, and it is sufficient to do so, and it does not require a subjective motive or purpose to stimulate, stimulate, and satisfy the sexual desire as a subjective element necessary for the establishment of the crime of indecent act (see Supreme Court Decision 2013Do556, Sept. 26, 2013). In addition, the term “comforcing” in this context is objectively an act that causes sexual humiliation or aversion to the general public and is contrary to good sexual morality, thereby infringing on the victim’s sexual freedom. Determination of whether it constitutes such act is a victim’s intention, gender, age, relationship before the offender and the victim, circumstances leading to the act, and specific form of act.

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