The prosecution of this case is dismissed.

1. The Defendant, from April 8, 2012 to the point of view, was a person who had been aware of the victim D (the age of 40) and the 40 years of age while taking language training in the “C Language Research Institute” in detail in the Philippines.

피고인은 2012. 12. 29. 02:00경 필리핀 세부 E에 있는 피해자의 집에서, 저녁식사에 초대받아 식사를 하던 중 밤이 깊자 하룻밤 재워 줄 것을 요청하여 머물고 있던 중, 피해자를 강제추행할 마음을 먹고 잠든 피해자의 몸 위에 올라타 양손으로 가슴을 만지고, 이에 잠이 깬 피해자가 거실로 몸을 피하자 뒤따라 가서 양손으로 피해자의 양팔을 붙잡으며 강제로 두 차례 키스를 하여 피해자를 강제추행하고, 이로 인하여 피해자에게 약 5일에서 7일간의 치료가 필요한 양측 팔의 위쪽 및 왼쪽 대퇴부의 타박상을 입게 하였다.

3. In the crime of indecent act by compulsion in judgment, injury refers to a change of the victim’s physical health condition to a poor condition, and the occurrence of a disability in his/her life function. If the victim’s wife is extremely insignificant and the victim’s wife does not need treatment, and it does not interfere with daily life even if treatment is not provided, and the victim’s physical health condition was changed naturally following the lapse of the time, and the victim’s physical condition was changed to a poor condition.

It is difficult to see that the act of injury caused by indecent act by indecent act is an obstacle to the function of life and thus cannot be seen as an injury.

(See Supreme Court Decision 2004Do483 Decided March 11, 2004, etc.). Comprehensively taking account of the health room, police statement, diagnosis report, etc. with respect to the instant case, the injury suffered by the victim is likely to be naturally cured even without any other medical treatment or treatment, and the victim actually received a separate medical treatment at a hospital.