logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2015.12.10 2015고단2549
강제추행
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

On June 29, 2015, at around 09:40, the Defendant 2 subway lines in Gwangjin-gu Seoul Special Metropolitan City, had a view to committing an indecent act against the victim E (Woo, 20 years old, Kenya) in the guest car, sit in the side of the victim, listened to the victim, let the victim knife, let the victim knife, and knife the victim knife the victim's right hand.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. A written statement of F and G;

1. Investigation report (number 11);

1. Application of the CD-related Acts and subordinate statutes to witness statements;

1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act regarding the crime, the choice of a fine (the defendant has no record of the same crime against the defendant, and the extent of an indecent act committed in the judgment is not relatively more severe, and other factors such as the defendant's age, occupation, character and conduct, circumstances before and after the crime,

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. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant asserted that the victim, who is a foreigner, kisk, kis a large number of Korean culture, and did not have the intention to commit an indecent act.

2. “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, and the determination should be made carefully by comprehensively taking into account the victim’s intent, gender, age, relationship between the offender and the victim prior to the occurrence, 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 should be a subjective motive or purpose to stimulate sexual humiliation as a subjective element necessary for the establishment of the crime of indecent act by compulsion.

arrow