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(영문) 서울북부지방법원 2020.06.11 2019노1992
강제추행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that at the time of the instant case, the Defendant and the victim physically conflicting with each other at the time of the instant case, and that there was a citizen’s order in a narrow conference room, etc., the Defendant did not have any intent or awareness that the Defendant had a sexual self-determination of the victim merely intended to stimulate or cause the victim’s emotional harm, but did not have any intent or awareness that the Defendant would infringe on the victim’s sexual self-determination for the sexual stimulation or satisfaction. From the perspective of ordinary people, it cannot be deemed that the Defendant’s act of having the victim feel sexual humiliation or hate.

B) The Defendant did not put in the victim’s ear, or did not have any buckbucks between the victim’s her son and her son. 2) The lower court found the Defendant’s arms of the victim 2 to 3 times and found the Defendant guilty of the Defendant’s assault. However, the Defendant did not exercise the force that can be assessed as assault against the victim.

B. The lower court’s sentence of an unreasonable sentencing (5 million won of fine, 40 hours of order to complete a program) imposed on the Defendant is too unreasonable.

2. Determination

A. Determination of mistake of facts and misapprehension of legal principles on the assertion of indecent act by compulsion includes not only cases of indecent act after the other party makes it difficult to resist by causing violence or intimidation against the other party, but also cases where the act of assault itself is deemed to be an indecent act. In such a case, the assault must not necessarily be enough to suppress the other party’s intent.

Indecent acts are acts that cause sexual humiliation or aversion to the public objectively and are contrary to good sexual morality, which infringe on the victim's sexual freedom.

The issue of whether it is the victim's intention, gender, age, relationship between the offender and the victim before, the circumstances leading to the act, specific.

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