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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울남부지방법원 2015.07.16 2015노681
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts is unable to take charge of or up her brym, traw, and bridge, etc. damply due to the symptoms of her brym, her brym, and her brym, etc. at the time of the instant case, in the process of her bryming his her brym in his her hand, and there was no indecent act against the victim, and there was no intention to commit an indecent act against the victim.

Nevertheless, the court below convicted the defendant by misunderstanding the facts.

B. Even if the defendant is found guilty of an unreasonable sentencing, in light of the fact that the defendant is old, has no record of punishment for the same kind of crime, and the defendant's health and economic conditions are not good, the sentence imposed by the court below is too unreasonable.

2. Determination

A. (i) “Indecent act” means an act objectively causing sexual humiliation or aversion to the general public and contrary to good sexual morality, which infringes on the victim’s sexual freedom, and does not require a subjective motive or objective to stimulate, stimulate, and satisfy sexual desire as a subjective element necessary for the establishment of the crime of indecent act by compulsion.

(See Supreme Court Decision 2013Do5856 Decided September 26, 2013, etc.). The following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, ① the victim, as the victim’s seat and the defendant’s seat gap, continued to have left hand, and the victim requested to cut his/her left hand as he/she left, stated that he/she would lose his/her hand, and ② the defendant was requested by the victim to cut his/her hand, and ② the defendant was asked by the victim to get his/her hand off his/her hand, and even if the defendant seems to have been aware that the victim was frightd or displeasible, the victim’s remaining hand is her am.

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