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Reasons
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(영문) 서울중앙지방법원 2017.12.22 2017고단6680
강제추행
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Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On May 20, 2017, the Defendant: (a) the Victim E (V) who assisted in medical treatment in D and the president room located in Dongjak-gu Seoul Metropolitan Government, Dongjak-gu, Seoul; (b) around May 20, 2017; and (c) the Defendant: (c) “Iskin’s hand-to-kick in the island

After the phrase “I am, I see the victim’s right and left hand, and I am seeed the victim’s right and forced indecent act against the victim’s will in the manner of “I am see but I am see, I am see, but I am see, I am see.”

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the prosecution against E;

1. Statement made by the police for E;

1. Complaint;

1. Letters (5. 20 Date) exchanged with the victim (5. 20. 20) / The defendant alleged to the effect that his act did not reach the degree of indecent act as defined in the crime of indecent act by force, and thus, his health class and indecent act are objectively acts contrary to good sexual morality and thus infringing on the victim's sexual freedom. Whether it constitutes an act shall be determined carefully by taking into account the victim's intent, gender, age, relationship before the offender and the victim, circumstances leading to the act, specific form of act, the surrounding objective situation, and the sexual moral sense of that time, etc. (see Supreme Court Decision 97Do2506, Jan. 23, 1998). The following circumstances acknowledged according to the above evidence, namely, there is an essential difference between the victim's physical part and the victim's indecent act.

It cannot be seen (Supreme Court Decision 2004Do52 Delivered on April 16, 2004, etc.). It appears that the defendant was able to have taken the hand of the victim from among the medical treatment of the defendant at the time, and that the defendant was able to take the hand in order to attract the victim.

In light of the circumstances at the time of the argument, it is difficult to believe it, and the defendant's sexual satisfaction.

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