(영문) 창원지방법원 2014.04.29 2014고단347

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(영문) 창원지방법원 2014.04.29 2014고단347

강제추행등

Text

1. The defendant shall be punished by a fine of 500,000 won;

2. If the defendant does not pay the above fine, fifty thousand won.

Reasons

Punishment of the crime

On January 22, 2014, at around 21:35, the Defendant assaulted the victim’s head that the victim D(the age of 45) who was in the Chang Sea-gu, Changwon-si C, to drink and to drink, and to pay the fright, twice the victim’s head that was demanded by the Defendant to shoulder the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and E;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense and Article 260 of the Selection of Punishment;

2. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

3. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. On January 22, 2014, the Defendant: (a) around 21:35, at the restaurant of the victim D (Inn, 45 years of age) located in Changwon-si, Changwon-si; (b) assaulted the victim’s head that the victim demanded payment by shouldering the Defendant at two times; (c) assaulted the victim’s head that the victim demanded payment by shouldering the Defendant; and (d) by forcing the victim to commit an indecent act by pushing the victim into his hand.

2. Determination

A. The crime of indecent act by compulsion includes not only the case where an indecent act is committed after the other party makes it difficult to resist by means of violence or intimidation, but also the case where the act of assault itself is recognized as an indecent act. In this case, as long as the assault does not necessarily require to suppress the other party’s intent and the exercise of tangible force contrary to the other party’s will, regardless of its force, the indecent act is objectively an act that causes sexual humiliation or aversion to the general public and infringes on the victim’s sexual freedom. It is determined with careful consideration of the victim’s intent, gender, age, relationship before the perpetrator and the victim, circumstances leading to such act, specific form of act, objective situation, and sexual morality at that time.

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