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(영문) 대전지방법원 공주지원 2021.02.23 2020고단587
강제추행
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person operating a “C farm” in public city B, and the victim D (nive, 18 years of age) is a person who received education on agricultural jobs for urban citizens from August 3, 2020 to August 5, 2020.

The Defendant, around 11:00 on August 5, 2020, engaged in retirement work at the first floor education office of “C farm” at around 11:00.

Although there seems to be a good condition, such as continuing discussions, E makes it difficult for the defendant to sit on the left side of the above E, and pressure the part of the chest of the above E with his finger hand, it is somewhat unclear whether or not the defendant's act is "flying off," and even if it is deleted, it does not interfere with the establishment of the crime, and then the victim's chest part is cut off by his hand, and the facts charged are stated that the defendant makes the victim who was sitting on the right side of the above E's right side of the above E' and divided the victim's chest part by his hand. However, even according to the facts charged, it is somewhat unclear whether or not the defendant's act is "flying off," and even if it is deleted, it does not interfere with the establishment of the crime, it is acknowledged that the facts charged are corrected ex officio.

It has continuously been divided into two parts of the victim's bones with severe losses.

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

Summary of Evidence

1. Statement by the defendant in court;

1. The complainants and reference witnesses of each police statement made to D and E have no intention to commit an indecent act against the defendant; the scene of the incident involving visual chine conversation and the F restaurant photographs (the defendant and his defense counsel had no intention to commit an indecent act against the defendant;

The argument is asserted.

The term "comfort conduct" means an act that objectively causes sexual humiliation or aversion to the general public and is contrary to good sexual morality, which infringes on the victim's sexual freedom, and whether it constitutes such an act is the victim's intent, gender, age, relationship with the perpetrator and the victim prior to the occurrence of the act, specific.

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