logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 순천지원 2016.11.16 2016고단915
강제추행
Text

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

If the defendant does not pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

At around 16:30 on May 6, 2016, the Defendant: (a) received reading room usage fees from the victim F (at the age of 19) within the reading room in the E-inspection room for the Defendant’s operation of the second floor, the Defendant committed an indecent act by force against the victim by taking the victim’s hand and suffering his hand.

Summary of Evidence

Defendant’s partial statement

Witness

F Application of F’s protocol of interrogation of the police officer’s suspect to the Defendant’s legal statement to the reading room statute

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

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

3. Article 334 (1) of the Criminal Procedure Act.

4. Determination on the assertion by the Defendant and the defense counsel under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed

1. As to the act of dancing with the victim’s hand, etc., the Defendant did not have sexual intent and cannot be deemed as an indecent act leading to the degree of sexual humiliation, even if the victim frightd with impreshion.

2. Determination

A. Legal doctrine “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 ought to be carefully determined by comprehensively taking into account the victim’s intent, gender, age, relationship between the offender and the victim prior to such act, circumstances leading to the act, specific form of conduct, and the objective situation surrounding the act, and the sexual moral sense of that time.

In addition, there is no subjective motive or purpose to stimulate, stimulate, and satisfy sexual desire as a subjective element necessary for the establishment of the crime of indecent act by compulsion.

(Supreme Court Decision 2013Do5856 Decided September 26, 2013). B.

In the case of the issue, the evidence adopted and examined by this court, such as the witness F’s statement and reading room video (No. 1) is examined.

arrow