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(영문) 수원지방법원 2019.01.17 2018고단5675
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 11:10 on April 27, 2018, the Defendant: (a) in the “C dental department” located in Suwon-si B, Suwon-si, and (b) in the front of the scam, the Defendant’s left side of the victim’s knife the victim’s knife, who had conversations with other employees of the said dental department, was in the front of the scam, and the victim’s knife the victim’s knife., and the victim continued to have his knife his knife his knife the victim’s left side.

Accordingly, the defendant committed indecent acts by force against the victim.

Summary of Evidence

1. Legal statement of witness D;

1. Attachment of a investigative report (CCTV image verification report), closure photographs;

1. The CCTV CD Defendant asserts that only he did not commit an indecent act on the part of the victim.

However, it is reasonable to view the Defendant as an indecent act inasmuch as the Defendant’s left her mar, such as the victim’s statement against the victim’s will, is an act that causes sexual humiliation or aversion from the perspective of ordinary people objectively.

The crime of indecent act by compulsion includes not only the case of indecent act after making the other party difficult to resist by resorting to violence or intimidation, but also the case where the act of assault itself is deemed an indecent act. In such a case, insofar as the assault does not necessarily require to be at least to suppress the other party’s intent, regardless of its force, so long as the use of force against the other party’s will is against the other party’s will, it does not constitute an indecent act.

An indecent act objectively causes sexual humiliation or aversion to the general public and is an act contrary to good sexual morality, and thus infringing on the victim’s sexual freedom. Whether it constitutes an indecent act is prudent in consideration 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 surrounding it, and sexual moral sense in the era.

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