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(영문) 수원지방법원 안양지원 2018.12.21 2018고단1061
강제추행
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant and the victim C (n, 19 years of age, 19 years of age, 200) are people working in E-cafeteria located in Ansan-gu D.

1. On January 2, 2018, the Defendant, who committed a crime on January 2, 2018, was seated at the table No. 1 in the above E cafeteria, 1, 2018, in front of the victim who subdivided the capital, and was seated.

2. On January 3, 2018, the Defendant committed a crime on January 3, 2018, and around 20:30, around January 3, 2018, the Defendant got off the victim’s her arms before he/she protruding a restaurant.

3. The Defendant committed on January 8, 2018, around 19:00 on January 8, 2018, 2018, she discharged the order from the left side of the victim who confirmed the order at the above E cafeteria with his/her fingers, and continued to have him/her go on the back of the victim who was in front of the above E cafeteria, by inserting his/her fingers in a way between the knc and his/her fingers.

Accordingly, the defendant committed an indecent act on three occasions.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Statement made by the police with regard to C (tentative name);

1. F dialogue records;

1. A photograph of a CCTV course;

1. An investigation report (CCTV verification, etc.) [Indecent conduct] is objectively an act that causes a sense of sexual humiliation or aversion to the general public and is contrary to good sexual morality, and thus infringing on the victim’s sexual freedom. Whether it is so determined ought to be carefully determined by comprehensively taking into account the victim’s intent, gender, age, the relationship before the offender and the victim, circumstances leading to the act, specific manner leading to the act, the surrounding objective situation, and the sexual moral sense of the time (see, e.g., Supreme Court Decision 2001Do2417, Apr. 26, 2002). Moreover, a subjective motive or purpose is not required to stimulate, stimulate, and satisfy sexual humiliation as a subjective element necessary for the establishment of the crime of coercion (see, e.g., Supreme Court Decision 2013Do5856, Sept. 26, 2013).

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