(영문) 수원지방법원 2018.06.21 2017노7450 | 리걸엔진

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(영문) 수원지방법원 2018.06.21 2017노7450

강제추행

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles, and improper sentencing)

A. The court below erred by misapprehending the legal principles, which found the defendant guilty on the ground that the defendant's above act does not constitute "the act of indecent act" in the crime of forced indecent act, and that the defendant's act did not constitute "the act of indecent act" in the crime of forced indecent act, and that the defendant's act did not constitute "the act of indecent act" in the crime of forced indecent act, and that it cannot be deemed that the defendant's act of planned or allowed by the victim was difficult to resist the victim, and thereby affected the conclusion of the judgment.

B. The sentence of the lower court (the amount of KRW 5 million, the amount of KRW 40 million, and the completion of the sexual assault treatment program) against an unfair defendant in sentencing is too unreasonable.

2. Determination

A. Determination of the misunderstanding of facts and legal principles 1) In the crime of indecent act by force, indecent act means an act that causes sexual humiliation or aversion to the general public objectively and goes against good sexual morality, thereby infringing on the victim’s sexual freedom.

The issue of whether it falls under this shall be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship prior to the offender and the victim, background leading to the act, specific form of act, objective situation in the surrounding environment, and sexual morality concept in the era (see, e.g., Supreme Court Decision 2001Do2417, Apr. 26, 2002). 2) The following circumstances acknowledged by the evidence duly adopted and duly examined in the lower court and the first instance court, namely, (i) the victim visited the victim in order to replace the sound place due to the lack of soundness.

At the time, male-friendly test phone calls for an excessive call, and the defendant kissk caused his hand, etc. while kisk.

He stated to the defendant that he is "I am bad."

참조판례

-대법원 2002. 4. 26. 선고 2001도2417 판결

유사 판례

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