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(영문) 인천지방법원 부천지원 2020.04.24 2019고합259
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged was, on April 27, 2019, 18:00, coming from the separate collection place near Kimpo-si B Apartment-si, Kimpo-si, with the victim D (9 years of age), the victim E (9 years of age), and the victim E (9 years of age). The victim’s own hand floor was sent only once as the victim D was in charge, and the victim E was sent one time as the victim E was in charge.

Accordingly, the defendant forced victims under the age of 13 to commit indecent acts.

2. Even if the defendant had contacted the victims, this is merely an contact with the victims to the extent that the defendant might be somewhat weak enough to detect the victims, and it does not seem as the victims might have been in charge, such as the facts charged.

There was no intention to commit an indecent act.

3. Determination

(a) Indecent act means an act that causes sexual humiliation or aversion to the general public and is contrary to good sexual morality, which infringes on the victim’s sexual freedom;

The issue of whether it is a case shall be determined carefully by comprehensively taking into account the victim's intention, gender, age, relationship between the offender and the victim, circumstances leading to the act, specific manner leading to the act, objective situation surrounding the act, sexual morality of the times, etc.

(see, e.g., Supreme Court Decision 2016Do21231, Oct. 31, 2017). B.

In light of these legal principles, we examine.

In full view of the following facts and circumstances admitted by the court in accordance with the evidence duly adopted and examined, the defendant seems to have been at the time at the time at the time at the time at the time her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

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