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(영문) 의정부지방법원 고양지원 2018.05.31 2017고단3424
강제추행
Text

The defendant shall be innocent.

Reasons

1. In the facts charged, the Defendant was in charge of the “C” gymnasiums B 10th, Yongsan-gu, U.S. and the victim D (V. 21 years old) was registered as a member of the same sports center.

On July 6, 2017, at around 14:00, the Defendant committed an indecent act against the victim in the process of causing the victim to be subject to personal PT by a three-month membership registration precluding him/her, and committed an indecent act by forcing the victim to feel sexual humiliation by inserting his/her hand into the victim’s hub, and inserting his/her fingers into the victim’s slabs.

2. Before the Defendant and the defense counsel asserted the victim’s right, the Defendant explained that “the victim’s chest will be satisfed on the chest part, and satisfing clothes or making physical contact during the marina course,” and the victim explicitly consented thereto.

Since then, the defendant left the bucks, etc., and then left the sucks by using the chest, and there was no fact that the victim requested the sbucks only.

It is difficult to see that Defendant’s act constitutes an indecent act against his will, and it is not a forced indecent act on the ground that Defendant’s act did not take action as a means of assault or intimidation and does not have habitability in light of the nature of marina that the Defendant was committed continuously and continuously.

3. Determination

A. According to the evidence duly admitted and examined by this court, the following facts can be acknowledged.

The defendant is in charge of operating a sports hall us, and the victim is a registered member.

The Defendant operated a program to 3 months registered members for personal sports training (PT) and then to mast after the training course for personal sports, but the victim also got the victim from the sports center on the day of the instant case to pathm from the sports center on the day of the instant event.

The defendant is the defendant.

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