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(영문) 전주지방법원 군산지원 2018.08.17 2018고정14
강제추행
Text

The defendant shall be innocent.

Reasons

1. The Defendant in the instant case is an unqualified person.

On September 21, 2017, the Defendant: (a) around 21:45, the Defendant: (b) opened an entrance and closed the entrance, without the consent of the victim, on the outside of the door, where the victim E (e.g., 21 years old) sing the mixed singing, within 142 cm wide and 134 cm wide and 134 cm high.

The Defendant, while forcing the victim to sings together, committed an indecent act by force on the victim’s right side buckbucks by forcing the victim to sing on one hand.

2. Determination

A. The Defendant, since the investigation agency, posted knee hands on the victim’s kne in order to move on the above date and time from this court. However, not as a criminal intent of compulsory indecent act, but as a criminal intent of compulsory indecent act, denies the criminal intent of compulsory indecent act (in the process of a public trial, the Defendant’s defense counsel temporarily admitted the criminal intent of indecent act at the trial date, but immediately denied the criminal intent of compulsory indecent act at the trial date). (B) The term “an indecent act” means an act that objectively causes sexual humiliation or aversion to the general public and infringes on the victim’s sexual freedom. In this sense, what physical contact constitutes an indecent act, it should be determined carefully by taking into account the victim’s intention, gender, age, relationship between the offender and the victim prior to this act, circumstances leading to the act, specific attitude of act, objective situation, and the burden of proof at the time of the criminal trial (see, e.g., Supreme Court Decision 200Do5365, Mar. 26, 1998).

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