(영문) 의정부지방법원 고양지원 2015.12.11 2015고단1942

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(영문) 의정부지방법원 고양지원 2015.12.11 2015고단1942

강제추행

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

The defendant was the chairman of the council of occupants' representatives of Goyang-si apartment C, and the victim D (the age of 39) was working for the same apartment management office.

1. On April 2015, the Defendant committed an indecent act by force against the victim within the meeting room of the resident representative of Gyeyang-gu Seoul apartment building in Gyeyang-gu, Gyeyang-gu, Seoul, with the Defendant’s approval, when the victim intends to commit an indecent act against the victim, and by hand write down the back part of the victim’s left shoulder.

2. Around 14:00 on May 2, 2015, the Defendant: (a) committed an indecent act with the victim’s hand by taking the victim’s hand while holding the victim’s hand in order to obtain the Defendant’s approval; and (b) committed an indecent act with the victim’s hand, at the request of the Defendant in order to obtain the Defendant’s approval.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness D, G, H and I;

1. Reference materials;

1. One screen of text messages sent and received by the suspect and the victim [the defendant and his defense counsel did not do the same act as the facts charged, and the defendant did not do so with respect to paragraph (2) of the facts charged, but did not reach the degree of indecent act even if the act such as the facts charged was acknowledged. “Indecent act” asserts that it objectively constitutes an act that causes sexual humiliation or aversion to the general public and is contrary to good sexual morality, and thus constitutes an infringement on the victim’s sexual freedom. Whether it constitutes such an act should be determined by comprehensively taking into account the victim’s intent, gender, age, relationship between the offender and the victim before the act, the circumstances leading to the act, specific form of the act, the objective situation surrounding the act, and the sexual morality of the time (see Supreme Court Decision 201Do2417, Apr. 26, 2002).

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