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(영문) 서울남부지방법원 2014.04.03 2013노2113
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, a mistake of fact, only caused a mistake with the victim, and did not intentionally commit indecent act by compulsion.

B. The lower court’s sentence of unreasonable sentencing (a fine of 2 million won and a sexual assault treatment program of 40 hours) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and investigated by the court below in determining the assertion of mistake of facts: (i) the victim resisted the Defendant by leaving the buckbbbbs immediately after the Defendant was sent back to the Defendant; (ii) the Defendant’s bucks that the victim’s bucks did not come back, but did not immediately see the victim’s bucks; (iii) the victim and the Defendant paid the bucks; and (iv) the Defendant’s bucks between the victim and the Defendant were sent back to the police officer by making the victim’s 112 report; and (iv) in the police investigation on the day of the instant case, the Defendant stated that “I would have the bucks of the Defendant.” In the prosecution investigation, the Defendant stated that “I would have the bucks of the Defendant,” and that “I would have the Defendant’s bucks of the Defendant and the Defendant’s bucks of the Defendant’s hand and the Defendant’s buck.”

In full view of the above circumstances, the Defendant recognized the fact that the victim caused buckbucks on the date and time indicated in the facts charged in the instant case, and did not require any subjective motive or purpose to stimulate sexual humiliation as a subjective element necessary for the establishment of the crime of indecent act by compulsion. Therefore, the crime of indecent act by compulsion is established as long as the victim violated the victim’s sexual freedom to cause a sense of sexual humiliation or aversion.

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