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(영문) 서울북부지방법원 2016.03.24 2015고단3642
강제추행등
Text

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

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

Reasons

Punishment of the crime

On August 4, 2015, around 22:50 on August 4, 2015, the Defendant: (a) was seated in front of the operation of the Victim D (Woo, 51 years of age) located in Gangnam-gu, Seoul; (b) was seated in front of the operation of the Victim D (Woo-gu, Seoul; (c) was her seated in front of the victim; (d) was her hand, her part of the victim’s et al. was flicked; (d) brought the victim’s defect

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement made by the witness D and F (the defendant and his defense counsel did not contain the defendant's chest of the victim D, and even if the defendant's grandchildren contacted the victim's chest, the defendant did not have the intent to commit an indecent act against the defendant;

The argument is asserted.

However, its credibility is recognized in light of the fact that the statement in the victim D's court and the police is consistent, specific, and consistent with the victim's behavior, damage content, the victim's perception and response, the situation before and after the crime, and the witness's statement consistent with F's testimony, and other circumstances where the victim's statement would be false. Thus, the defendant's chest is recognized.

The term "comforcing" means an act that causes sexual humiliation or aversion to the general public and is contrary to good sexual morality, which infringes on the victim's sexual freedom, and whether it is so determined shall be determined carefully by comprehensively taking into account the victim's intent, gender, age, relationship before the offender and the victim, circumstances leading to the act, specific manner of the act, objective situation in the surrounding area, sexual morality, etc.

In addition, there is no subjective motive or objective to stimulate sexual desire as a subjective element necessary for the establishment of the crime of indecent act by compulsion (see Supreme Court Decision 2013Do5856, Sept. 26, 2013). Even if the Defendant satisfies sexual desire, the Defendant will be satisfied.

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