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(영문) 서울북부지방법원 2015.05.01 2014고합546
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The defendant shall publicly announce the summary of the judgment against the defendant not guilty.

Reasons

1. The summary of the facts charged is that the Defendant was working as U.S. dollars at the D Library located in Seoul Special Metropolitan City, Nowon-gu, around March 2014, around 15:10 on October 11, 2014, at the first floor female toilets of the above library, the victim E (V, 7 years old) was cleaning his son at the third floor, and the victim’s knife with his knife one time in the vicinity of the victim’s resistance, again, fnife the victim’s knife, and fnife the victim’s knife under the age of 13.

2. The Defendant and his defense counsel asserted that the Defendant did not have any knife to E at the time of the instant case, by the Defendant’s knife knife knife on the left side of E, and there was no fact that knife E had any knife around E’s port, and in the process of cutting off the knife knife, they contacted E’s knife or part on E’s side hife.

As such, the Defendant puts back the right side of the Defendant into his hands in a intellectual sense that it would not have been frighten as such, such physical contact does not constitute an indecent act, as well as there was no intention to commit an indecent act against the Defendant in physical contact with E.

3. Determination

A. In the crime of indecent act by compulsion of relevant legal principles, “Indecent act” means an act objectively causing a sense of sexual humiliation or aversion to the general public and contrary to good sexual moral sense, which infringes on the victim’s sexual freedom. It does not require a subjective motive or purpose to stimulate sexual humiliation as a subjective element of the crime. However, at least it should be evaluated as infringing on the other party’s sexual freedom and an act under such awareness. Such determination ought to be carefully determined by comprehensively taking into account the victim’s intent, gender, age, relationship between the perpetrator and the victim, circumstances leading to the act, specific manner of the act, and the sexual moral sense at that time.

Supreme Court Decision 201No. 26. 7.

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