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(영문) 광주지방법원 2017.08.23 2017노411 (1)
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court erred by misapprehending the legal doctrine that found the Defendant guilty of the instant facts charged, thereby adversely affecting the conclusion of the judgment, contrary to what is alleged in the ground of appeal. It did not err by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment, contrary to what is alleged in the ground of appeal.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment, three years of suspended sentence, three years of surveillance, community service, 80 hours in community service, 80 hours in course of sexual assault treatment lectures, and 5 years in each of the disclosure and notification of personal information) is too unreasonable.

(c)

Although there are special circumstances in which the disclosure or notification of personal information against the illegal defendant of the disclosure or notification order shall not be disclosed or notified, it is improper for the court below to order the defendant to disclose or notify the personal information.

2. Determination

A. 1) The lower court found the Defendant guilty of the facts charged in the instant case on the following grounds that the Defendant’s act does not constitute “indecent conduct” as stated in the crime of forced indecent conduct.

B) In the crime of indecent act by force, indecent act means an act that causes sexual humiliation or aversion to the general public objectively and contrary to good sexual morality, which infringes on the victim’s sexual freedom.

The issue of whether it is a result shall be determined by comprehensively taking into account the victim's intention, gender, age, relationship before the offender and the injured person's prior relation, circumstances leading to the act, specific form of act, objective situation around the society, sexual morality, etc.

71 The defendant, who was 71 years old, was on the way;

19to see whether male-gu and § 22(a) have taken a large-scale approach to the doping system in which the victims of age 19 are informed of the location of the public telephone;

The mechanisms are elementary school students and middle school students.

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