2019No2138 Indecent Act by compulsion

A

Prosecutor

Trial shall be conducted on the static iron and manufactures;

Law Firm good-person

Attorney Kim Jong-hee

Suwon District Court Decision 2019 High Court Decision 590 Decided July 18, 2019

February 13, 2020

The prosecutor's appeal is dismissed.

1. Summary of the grounds for appeal (the factual error);

The crime of indecent act by compulsion includes cases where the act of assault itself is recognized as an indecent act (so-called "act of indecent act"). Despite the fact that the defendant's act of deceiving the victim's sexual organ constitutes "act of indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act, the court below erred

2. Determination

The court below held that, even if the assault and intimidation itself recognizes the indecent act, which is an indecent act, as a crime of indecent act by compulsion, it is reasonable to view that the crime of indecent act is established only when the assault and intimidation are committed at the same time only when the assault and indecent act are committed by the victim's cretion, etc. and the other party's sexual self-determination is infringed by violent behavior. In full view of the circumstances acknowledged by the records, the court below determined that the evidence submitted by the prosecutor alone is insufficient to acknowledge the facts that the defendant committed indecent act by means of violence, intimidation, or indecent act to the extent that it is difficult to resist, and acquitted the defendant.

Examining the above judgment of the court below after comparing it with the records, the judgment of the court below is just, and there is no violation of law of misunderstanding of facts alleged by the prosecutor.

Therefore, prosecutor's assertion is without merit.

3. Conclusion

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

The presiding judge or Lao judge;

Judges Park Jong-k

Judge Ko High-han