logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2014.08.27 2013고단2349
강제추행
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant, around 05:00 on July 10, 2013, committed an indecent act by force on two occasions against the victim E (M, 30 years of age) who was flicking in a 'D’ drinking house located in Yongsan-gu Seoul Metropolitan Government Yongsan-gu, Seoul.

2. The assertion and judgment

A. The Defendant asserted that the Defendant did not commit an indecent act by committing an indecent act on the part of the victim as he did not commit an indecent act on the part of the victim as he did not engage in an indecent act on the part of the victim, with the intention that he did not flickly go on two occasions as he did not flickly go together with the musical elements at the time when the drinking house was flickly mixed with the musical elements at the time, and that he did not commit an indecent act.

B. Determination 1) In the crime of indecent act by compulsion, indecent act in the crime of indecent act is objectively an act that causes a sense of sexual humiliation or aversion to the general public and is contrary to good sexual morality, and thus, it constitutes an infringement on the victim’s sexual freedom. Whether it constitutes such an act ought to be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship before the offender and the victim, circumstances leading to such act, specific form of act, and objective circumstances surrounding the time, sexual morality sense, etc. (see, e.g., Supreme Court Decision 2001Do2417, Apr. 26, 2002). (2) The instant drinking house was a repairing atmosphere because of the large number of people and many people (12 pages of the police statement of the victim E), and the interval between the party platform and the victim’s book did not exceed one meter, and considering the length of the party platform, the victim was placed at the victim’s right time and the victim was at the end of the party platform.

arrow