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(영문) 대구지방법원 김천지원 2014.11.19 2014고단871
강제추행
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Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 500,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. 피고인 A 피고인은 2014. 5. 17. 04:00경 대구 중구 D에 있는 E클럽 안에서 혼자 춤을 추고 있는 피해자 F(여, 21세)을 보고 다가가 피해자의 뒤에서 춤을 추는 척 하면서 피해자의 상의와 속옷 안으로 피고인의 손을 넣어 피해자의 가슴과 젖꼭지를 만졌다.

Accordingly, the Defendant committed an indecent act on the part of the victim.

2. Defendant B, at the same time and place as described in the above Paragraph 1, she saw the victim’s pelle in front of the victim F (the victim’s age of 21).

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant A’s legal statement

1. Defendant B’s partial statement

1. Legal statement of witness F;

1. Some statements in the suspect examination protocol of Defendant B by the prosecution

1. Some statements in the police interrogation protocol regarding Defendant B

1. Application of each police protocol to G and F

1. Article 298 of the Criminal Act and Article 298 of the same Act concerning criminal facts and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed under Order;

1. Determination as to the assertion of Defendant B and defense counsel under Article 334(1) of the Criminal Procedure Act, respectively, of the provisional payment order

1. The defendant B and his defense counsel asserted that the defendant B had no intention to commit an indecent act to the extent that the victim's her maret with her hands while dancing.

2. The crime of indecent act by compulsion includes not only the case of indecent act by force against the other party after making it difficult to resist by means of assault or intimidation, but also the case of assault itself as an indecent act. In this case, as long as the assault does not necessarily require that it be enough to suppress the other party’s intent, it is not a exaggeration of force, and the indecent act is objectively sexually sexually sexually sexually committed to the general public.

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