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(영문) 서울동부지방법원 2015.05.29 2014고단3992
강제추행
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The victim C(n, 22 years of age) is prepared by writers, and the defendant was requested to perform music records work, and from May 2014, the victim's house located in Gwangjin-gu Seoul Special Metropolitan City D has been working to make music reflects.

On August 25, 2014, at around 11:00, the Defendant used kids as the hand of the victim, etc. and used two left arms.

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

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes to photograph text messages;

1. Article 298 of the Criminal Act applicable to the crimes;

1. Selection of a selective fine (the primary charge is the defendant, the degree of indecent act is relatively minor, and other factors such as the defendant's age, occupation, character and conduct, circumstances before and after committing the crime, etc.);

1. Articles 70 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 the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument and the defense counsel argued that the victim also expressed a sense to the defendant, and that the defendant is less vulnerable to the victim's hand, etc. due to an petation, but there is no fact that he uses the victim's arms as stated in the facts charged, and at the time there was no intention to commit an indecent act against the defendant.

2. Determination

A. “Indecent act” of relevant legal principles means an act that causes a sense of sexual humiliation or aversion to the general public and goes against good sexual morality, which infringes on the victim’s sexual freedom, and whether it is so determined ought to be carefully determined by comprehensively taking into account the victim’s intent, gender, age, relationship before the offender and the victim, circumstances leading to the act, specific form of act, and the surrounding objective situation, and the sexual morality concept of that time.

b) the Commission;

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