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(영문) 부산지방법원 서부지원 2018.10.11 2018고합148
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

around 17:00 on May 10, 2018, the Defendant: (a) as indicated in the indictment written in the front of the viewing station located underground in 1017 as of the center of Busan Seo-gu, Busan, the Defendant corrected it (Evidence No. 48,75 pages); (b) while boarding the subway and sitting in the seat in the subway station, the Defendant forced the Defendant to force the Defendant to do so one time in his/her hands at the seat near the new station located in 140, Seo-gu, Busan, Seo-gu, Haak-gu, Busan, and 17:48 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. The statement made in D in video recording CDs;

1. Statement of the police about E (the defense counsel does not constitute a crime of indecent conduct under the Criminal Act because he/she does not have any fact of assaulting or threatening a victim;

The argument is asserted.

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 means of violence or intimidation but also cases where the body of the person who committed the indecent act is deemed to be an indecent act. In this case, the assault does not necessarily require the degree of suppressing the other party’s intent, but also cases where the force is exercised against the other party’s will (see Supreme Court Decision 2001Do2417, Apr. 26, 2002). As confirmed by the above evidence, the defendant is her her seat seat on the other side of the subway, and the victim who committed the indecent act from the defendant on the part of the site clearly expresses his intention of refusal such as moving the subway seat immediately and reporting the damage therefrom, and the defendant’s act is contrary to the victim’s sexual humiliation or sexual humiliation itself as an indecent act against the general public.

The defendant;

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