(영문) 서울동부지방법원 2017.03.31 2016고단3781

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(영문) 서울동부지방법원 2017.03.31 2016고단3781

강제추행

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The defendant shall be innocent.

Reasons

1. From October 15, 2016 to around 21:30 on the same day, the Defendant committed an indecent act against the victim E (a) who is taking the password of the above lending entrance from the street in Gwangjin-gu, Seoul to the victim E (a person under the age of 30) (a person under the age of 30) on the street in front of the Dong-gu, Seoul. The victim’s hand breath seems to be humping the Defendant’s hand breath, and the Defendant continued to commit an indecent act against the victim by putting the victim’s hand humb as “a person under the influence of alcohol,” and putting the victim’s hand humf and skeing it.

2. In the crime of indecent act by force, an indecent act in a judgment refers to an act objectively causing sexual humiliation or aversion to the general public and contrary to good sexual morality, which infringes on the victim’s sexual freedom. Whether an indecent act constitutes such an act ought to be determined after careful consideration of the victim’s intent, gender, age, relationship between the offender and the victim prior to the occurrence of the act, circumstances leading to the act, specific manner leading to the act, and the surrounding objective situation, sexual morality, etc.

Comprehensively taking account of the victim’s written statement against the victim and the victim’s written application (Evidence 1) on the CCTV image data at the scene of the case, the Defendant, under the influence of alcohol, repeatedly told the victim’s arms and descendants at the entrance of the entrance of the victim as stated in the facts charged, but did not seem to have shown any other words and actions that could cause sexual humiliation or aversion to the victim at the time.

Thus, it is difficult to recognize the defendant's above act as an indecent act in the crime of forced indecent act, and otherwise, the defendant committed an indecent act against the victim.

there is no evidence to determine the person.

3. In conclusion, the facts charged in this case constitute a case where there is no proof of crime, and thus, a verdict of innocence is rendered after the latter part of Article 325 of the Criminal Procedure Act, but the purport of the public notice of acquittal is as the defendant does

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