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(영문) 서울중앙지방법원 2013.06.12 2013노1199
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The judgment of this court on February 2, 198 is unreasonable in a situation where it is unclear whether the defendant's act constitutes a indecent act by force or by force (the defendant's act constitutes a indecent act by force or by force).

A. (1) On the assertion of mistake of fact, the crime of indecent act by indecent act includes not only the case where an indecent act is committed after the other party makes it difficult to resist by means of assault or intimidation, but also the case where the act of assault itself is deemed an indecent act. In this case, the assault does not necessarily require the degree of suppressing the other party’s intention, and the exercise of force against the other party’s will, regardless of its power, so long as the assault is exercised, it is against the other party’s will

An indecent act objectively causes sexual humiliation or aversion to the general public and infringes on the victim’s sexual freedom as an act contrary to good sexual moral sense. Whether it constitutes an indecent act or not shall be determined carefully in full view of the victim’s intent, gender, age, relationship between the perpetrator and the victim prior to such act, circumstances leading to such act, specific form of act, objective situation in the surroundings, and sexual moral sense in the age.

(2) On June 14, 2012, the Defendant, as well as the victim, was able to see the fact that the Defendant was aware of the Victim’s Domination and Domination and Domination of the Domination and Domination and Domination of the Domination and Domination of the Domination and Domination of the Domination and Domination of the Domination and Domination of the Domination and Domination of the Domination and Domination of the Domination and Domination of the Domination and Domination of the Domination and the Domination and Domination of the Domination.

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