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(영문) 인천지방법원 2018.07.27 2018노330
강제추행
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. In fact, the defendant did not have the intention to commit an indecent act against the defendant on the ground that he did not talk about the problem of leaving the defendant to the head of the office of the person higher than the victim, who was dissatisfied with the problem of leaving the defendant, and the part of the victim's shouldered.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 3 million, and an order to complete a sexual assault treatment program 40 hours) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. On August 10, 2017, the Defendant was on board as a passenger C (16,537 tons, steel) of the international passenger ship for the ship of Pakistan (16,537 tons, steel) departing from the Dong-dong of China and entering Incheon, around August 17, 2017.

At around 08:50 on August 11, 2017, the Defendant forced the victim to leave first, on the ground that his body was inside the center of the passenger ship in question, which was entering Jung-gu Incheon Metropolitan City D, on the ground that his body was Arabic, and was in charge of passenger control, and the victim F (n, 25 years of age) who was a crew member of the said passenger ship, was under the influence of the said victim by using the victim’s left chest part of the said victim’s hand on one occasion.

B. The lower court found the Defendant guilty of the instant facts charged on the ground that the F’s statement as to the pattern of crime and the circumstances before and after the commission of crime is specific and correct, and that the Defendant had the intention to commit an indecent act in light of the father, circumstance, method, etc. of the F’s body.

(c)

The judgment of this court is objectively an indecent act that causes a sense of sexual humiliation or aversion to the general public and is against good sexual morality, and thus, it constitutes an infringement on the victim's sexual freedom. Whether it constitutes an indecent act should be determined carefully by comprehensively taking into account the victim's intent, gender, age, relationship before the perpetrator and the victim, circumstances leading to such an act, specific manner of act, and the surrounding objective situation and the sexual morality concept of that time (see Supreme Court Decision 200 April 26, 2002).

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