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(영문) 서울남부지방법원 2013.11.15 2013고단2360
강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

At around 22:50 on July 13, 2013, the Defendant found the victim C (Woo, 24 years old) who used and walked a mountain, committed an indecent act on the part of the victim with his left hand and by force.

Summary of Evidence

1. C’s legal statement;

1. A protocol concerning the suspect examination of the accused;

1. The defendant's defense counsel in the judgment of the person involved in the litigation at the police statement with C argues that the defendant's act does not constitute an indecent act or intimidation to the extent that it would make it difficult to resist or resist, and the defendant's act did not constitute the element of the crime of indecent act by compulsion. Thus, the crime of indecent act by compulsion includes not only the case where the other party makes it difficult to resist by assault or intimidation, but also the case where the act of assault itself is deemed an indecent act. In this case, the assault does not necessarily require that it is sufficient to suppress the other party's will, and as long as the exercise of tangible force against the other party's will is against the other party's will, it should be viewed as an indecent act regardless of its force, and it is against good sexual morality, and thus, the defendant's act constitutes an infringement on the victim's sexual freedom (see Supreme Court Decision 201Do2417, Apr. 26, 2002).

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