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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2018.05.01 2017노7509
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal lies in the fact that the defendant satisfyed the victim without the victim's consent, but the defendant's act does not constitute a forced indecent act.

2. The crime of indecent act by force includes not only cases where the other party commits an indecent act after making it difficult to resist by assault or intimidation, but also cases where the body of the person committing assault is deemed to be an indecent act. In this case, violence does not necessarily require to suppress the other party’s intent, and so long as the exercise of force against the other party’s will is against the other party’s will, regardless of its force, and indecent act constitutes an infringement on the victim’s sexual freedom, as it objectively causes sexual humiliation or aversion to the general public, and goes against the good sexual moral sense. Whether it falls under this, the victim’s act ought to be determined carefully by taking into account the victim’s intent, gender, age, relationship between the perpetrator and the victim, the circumstances leading to such act, the form of the surrounding act, objective situation, and sexual morality at that time, etc., and the victim’s act of bucking and bucking the victim’s sexual humiliation at first time after being taken into consideration by the evidence of the case.

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