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(영문) 의정부지방법원 2015.11.25 2015고단2203
강제추행
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 26, 2015, from around 09:00 to 09:30, the Defendant committed an indecent act by force against the victim C (the age of 31) on the street in front of the Pungyang Middle School located in Jinyang-gu, Jinyang-gu, Jinyang-si, Gyeonggi-do, with a driver training for a approximately two minutes of the victim’s hand who takes hand in the vehicle, while making the victim’s hand in a driver training for a vehicle, and the victim said that the victim “Haak-gu” is called as “Haak-gu” and said, the victim said that the victim’s face is unfolded with the victim’s face.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of examination of part of the defendant by prosecution;

1. Application of the police protocol law to C

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, 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;

1. The defendant and his defense counsel's assertion of the provisional payment order against the defendant under Article 334 (1) of the Criminal Procedure Act and the defense counsel asserted that, as stated in the criminal facts in the judgment of the defendant, the defendant and his defense counsel met the victim's bucks and face by hand as stated in the judgment of the court, they merely committed an act to prevent speeding during driving education or to attract attention to properly show the direction of the vehicle, and they did not intend to commit indecent act.

“Indecent act” means an act that causes a sense of sexual humiliation or aversion to the general public and is contrary to good sexual morality, and thus infringing on the victim’s sexual freedom. Whether it is so determined should be carefully determined by comprehensively taking into account the victim’s intent, gender, age, relationship between the perpetrator and the victim prior to the occurrence of the act, circumstances leading to the act, specific form of act, objective circumstances surrounding the act, sexual morality, etc., and sexual desire as a subjective constituent element necessary for establishing the crime of indecent act by compulsion.

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