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(영문) 서울중앙지방법원 2014.05.23 2014노254
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. misunderstanding of facts as to the gist of the grounds for appeal and misunderstanding of legal principles (along with the facts stated in the facts of the crime in the judgment of the court below, it is recognized that the defendant committed an indecent act by compulsion on the extension line of the defendant's act committed by misunderstanding her victim B (the victim B (the victim B) who was waiting to work in the street and was waiting to work in the street) as "at least 30 years old." However, under the influence of alcohol, the defendant's act was committed on the extension line of the defendant's act committed in the singing room by misunderstanding her "one time-time-time-time-time-time-time-time-time-time-time

2. The judgment of this Court

A. The Defendant’s act of intending to rhym his or her malm with his or her malm with his or her intention to rhym is an act contrary to the general and average people’s sense of sexual humiliation or aversion and is against good sexual morality, and constitutes “indecent act” committed by indecent act infringing on the other women’s sexual freedom.

Even if the Defendant committed the act of “inception with an indication of the margin,” as alleged on the date of pleading in this court, it does not require a subjective motive or purpose to stimulate, promote, and satisfy sexual desire as a subjective element necessary for the establishment of the crime of indecent act by compulsion (see, e.g., Supreme Court Decision 2013Do5856, Sept. 26, 2013). Thus, such recognition does not interfere with.

The Defendant’s assertion of intention is premised on the premise that “I will be presumed to have consented or consented to the act that I will rhythm with her lut will, if I wish to do so.” The Defendant stated in the investigative agency that “after the lapse of the time set by sing machines,” and that “I will enjoy entertainment by singing in other singings of the way, not by the victim B,” and that “I will enjoy entertainment by singing in other singings of the way, not by the victim B” (the investigative record 39 pages), and the victim B was the underground floor at the time of singing.

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