2019 Highly 581 Indecent Act by compulsion

A

Kim Jong-Un (Court of Prosecution) and Roster (Court of Second Instance)

Attorney Park Jin-soo (Korean)

November 5, 2019

The defendant shall be innocent.

1. Facts charged;

The defendant is the defendant, Gwangju City B and C convenience store, and the victim D (the victim, 19 years of age, women) is the traw of convenience store. The defendant entered the above convenience store on March 22, 2019 and called the victim in the calculation unit to put the drinking house to the victim.

Despite the fact that the Defendant was "I am back to the front of the victim's life", the Defendant continued to grow the drinking house to the victim, and the victim brought the left hand to the front of the victim's shoulder.

The Defendant committed an indecent act on the part of the victim who was about to escape from the Defendant’s behavior as above, thereby preventing the victim from suffering from the Defendant’s arming and avoiding, continuing to set the drinking house to the victim, with the left hand hand of the victim’s left chest, tightly tightly cut the victim’s left chest.

2. Determination

A. In the crime of indecent act by compulsion, an indecent act in the context of the crime of indecent act by compulsion is an act going against the general public’s sexual moral sense and thus infringing on the victim’s sexual freedom. Whether such an act constitutes an act ought to be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship prior to the perpetrator and the victim, circumstances leading to such act, specific manner leading to such act, objective situation surrounding the act, sexual morality, etc. (see, e.g., Supreme Court Decision 2013Do5856, Sept. 26, 2013). Furthermore, in order to establish the crime of indecent act by compulsion, it should be proven to the extent that there is no reasonable doubt that the Defendant’s act in contact with the victim’s body was caused by the intentional indecent act.

B. The record reveals the following facts.

① On March 22, 2019, at around 16:16:16, the Defendant requested the victim, who was an employee at the above convenience store calculation team, to be fald, and the victim falded as the display of goods to assist the Defendant. At around 16:17 of the same day following the calculation of the victim, the Defendant: (a) stated that the victim was fald to return the victim’s right shoulder and fald to the display of goods by falding the victim’s right shoulder and falding the Defendant with falding the victim with the convenience store outside the drinking board. At around 16:17 of the same day, the Defendant found that the victim was fald to the Defendant (CCTV CH02:16:17, and the victim also fald that the Defendant was fald to be fald with the fald in this court).

② The victim stated that the floor of the left hand of the defendant's defendant's defendant's hand in the situation where the defendant left her chest in contact with her chest (the victim stated in an investigative agency that "the defendant has knife (10 pages)" or "the defendant has knife (46,48 pages of investigation records), but he stated that "the defendant has knife" in this court.

③ However, the face where the Defendant’s grandchildren contact the victim’s chest was not clearly identified by CCTV images. Rather, according to the above images, the Defendant was not the victim’s body. It is confirmed that the Defendant was at the time at the time at the time at the time at the time at the time at the time at which he did not look at the drilling or goods display stand (CCTV CH05:16:45-17:46).

④ On the ground that “A police officer, who received a report at the time of the instant case, cannot be readily deemed to have committed any assault or indecent act against the Defendant on the basis ofCCTV,” the Defendant sent the Defendant a disturbance at a convenience store, and concluded the instant case at the site (see, e.g., 7,8 pages). However, on March 24, 2019, the victim’s March 24, 2019, found the Defendant at the victim’s March 24, 2019, was the victim’s third village while pursuing the instant case, and the victim, who was dispatched to the site upon receiving the report, expressed the intent to file a criminal

⑤ At the time, the injured party stated consistently that, in this court, the left hand of the accused was cut on his chest at the time, and that the Defendant reported that the eggs was left on his chest, but the Defendant’s grandchildren were satisfeed on his chest short, and that it was not the same as the Defendant intentionally satisfing.”

C. In full view of the foregoing circumstances, even if the Defendant’s grandchildren contact the victim’s chest, it is highly probable to view the Defendant’s grandchildren as an indecent act by force, and it is difficult to evaluate the Defendant’s act of causing the victim’s arms or shoulder to be an indecent act in the course of requesting the Defendant to find the victim’s safe mind. Therefore, it is difficult to readily conclude that the facts charged in the instant case where the Defendant’s indecent act by force with the Defendant’s intentional act by force was proven to the extent that there is no reasonable doubt, and there is no other evidence to acknowledge this.

3. Conclusion

Thus, since the facts charged in this case constitute a case where there is no proof of crime, the court rendered a judgment of innocence under the latter part of Article 325 of the Criminal Procedure Act and did not render a judgment of innocence under the proviso of Article 58(2)

Judges Doo-leap