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(영문) 인천지방법원 부천지원 2018.09.07 2018고합101
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant passed D in front of Kimpo-si, Kim Jong-si, on March 2, 2018.

E If a juvenile victim F (at 16 years of age) is seated next to the E-city bus and asked whether he/she is a high school student, the marriage will be at any time;

Before the 18th century, a talking that he was married, and she was able to see that he was 18 years old and that he was able to commit an indecent act by force by using the victim's left arms twice.

2. The Defendant and his defense counsel’s assertion is merely a mixture of the victim’s seat beside the victim’s seat, and the victim speaks, even if the Defendant’s hand in the process contacted the victim’s left arms, it cannot be evaluated as an indecent act, and there was no intention to commit an indecent act against the Defendant.

3. In the crime of indecent act by force of the judgment of this court, the term “compact” refers to an act objectively causing a sense of sexual humiliation or aversion to the general public and contrary to good sexual morality, which infringes on the victim’s sexual freedom. Whether an act constitutes such an act ought to be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship between the perpetrator and the injured party prior to the act, circumstances leading to the act, specific manner leading to the act, objective situation surrounding the act, and the sexual morality of the time (see Supreme Court Decision 2001Do2417, Apr. 26, 2002, etc.). Comprehensively taking into account all the following circumstances acknowledged by evidence duly adopted and investigated by the court, the Defendant’s act constitutes an indecent act that causes the general average person at the same location as the victim to feel sexual humiliation or aversion, and thus constitutes an infringement on the victim’s sexual freedom, or that the Defendant committed the said act with the criminal intent to commit the act.

It is difficult to readily conclude.

A. The CCTV images of the bus at the time of the instant crime are examined.

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