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(영문) 수원지방법원 안양지원 2018.05.11 2017고단1535
강제추행
Text

The defendant shall be innocent.

Reasons

The summary of the facts charged is that the defendant is the director of the "C church" in the military church B, and the victim D (V, 54 years old) is the believers of the above church.

On September 2013, 2013, the Defendant: (a) was parked in a church parking lot that was parked in the military where the name of the Si was unknown around the early m.m.; and (b) was able to see the victim’s chest by inserting his hand in the victim’s inner part; and (c) was able to use the victim’s chest by raising the boom of the victim’s pande and using the victim’s chest with his hand; and (d) committed indecent act by force against the victim by inserting his hand into the victim’s panty, inserting his hand into the victim’s negative part; and (e) putting his hand into the victim’s finger.

Judgment

According to the evidence duly examined by this court, the defendant can be found to have committed an indecent act against the victim under the pretext of “the level of know-how” as stated in the facts charged in this case.

The prosecutor charged the instant case with the crime of indecent act which requires not only the “indecent act” but also the “indecent act by assault or intimidation.” The instant facts charged is premised on the fact that the Defendant’s act of indecent act against the victim constitutes a so-called “indecent act by assault” (see, e.g., Supreme Court Decision 200Do1448, Apr. 1, 200). Meanwhile, punishing the victim as an indecent act by force, which is an indecent act committed by the body of a person who committed assault, is able to make legal evaluation equivalent to “indecent act by assault or intimidation to the extent that it might be difficult to fight,” on the ground that it is difficult for the victim to resist the victim due to its habitability.

In this case, the victim stated that "A defendant committed an indecent act on the ground that he/she was aware of whether he/she was infected with the master cancer," and even according to the statement of the victim, the defendant met the ship of the victim, who is the father of the initial master's book, and met the ship of the victim.

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