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(영문) 서울동부지방법원 2016.02.05 2014고단3513
강제추행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 18:30 on March 18, 2014, the Defendant: (a) brought the Victim F (28 years of age) who has been paid interest in the Seoul Jongno-gu Seoul Jongno-gu D Building 2, in Seoul, in Seoul, in Seoul, in Seoul, into Seoul, and (b) brought the Victim F (28 years of age), and (c) considered the Victim as selly seling.

The phrase “the victim who sees the defective string to the right ear of the victim who sees the defective string, and kids the chest by hand.”

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

Summary of Evidence

1. Legal statement of witness F;

1. Statement No. 1 and twice with respect to F;

1. On-site inspection records of this court;

1. Application of text messages, photographs, CD-related Acts and subordinate statutes;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination on the assertion of the Defendant and his/her defense counsel under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against the

1. The alleged defendant and his defense counsel asserts that the defendant did not have committed any indecent act by force as stated in the facts charged.

2. The crime of indecent act by mistake or coercion includes not only cases where the other party commits an indecent act after making it difficult to resist by means of assault or intimidation but also cases where the body of the person of the act of assault is regarded as an indecent act. In this case, the assault is not necessarily required to suppress the other party’s will.

An indecent act means an act that causes a sense of sexual humiliation or aversion to the general public and is contrary to good sexual moral sense, which infringes on the victim’s sexual freedom. Whether an act constitutes an act ought to be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship between the perpetrator and the victim prior to the occurrence, circumstances leading to the act, specific form of act, objective situation in the surroundings, sexual moral sense in that time, etc. (Supreme Court Decision 2015Do6980 Decided September 10, 2015).

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