(영문) 서울북부지방법원 2016.06.23 2015고단4504

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2016.06.23 2015고단4504

강제추행

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 6, 2015, the Defendant completed 10 members of the E consortium No. 11 restaurant No. 11, 5, and VIP room of the E consortium 19:25 on April 6, 2015, the Defendant, “F organization” to which the Defendant belongs, had 10 or more members of the “F organization,” who were employees of the above club EM cafeteria cafeteria cafeteria, and had 21 years old. On the back of the Defendant, the Defendant’s contact with the Defendant, she was flick back, and she was 4 to 5 times off the part of the victim’s face with the Defendant’s face with the Defendant’s face right of defense, and the Defendant did not have reduced the Defendant’s right of defense as above, and the Defendant did not have any obstacle to the Defendant’s right of defense.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement by a witness G and H (the defendant and defense counsel was on the side of his/her own for the benefit of the victim;

Although there is a fact that the part part of the damaged person's high elbow part is 1 to blue two times, the defendant's act does not constitute an indecent act by force.

The argument is asserted.

According to the above evidence, it is recognized that the defendant committed an act as stated in the judgment.

The crime of indecent act by force includes not only cases of indecent act after making it difficult for the other party to resist by making assault or intimidation difficult, but also cases where the body of the person of assault is recognized as indecent act. In such a case, unless it is not necessarily required to suppress the other party's intention and there is a exercise of tangible force against the other party's will, the force shall not be strong.

Indecent acts shall cause sexual humiliation or aversion to the general public objectively.

유사 판례

-광주지방법원 2013.10.31 2013고정1758

-울산지방법원 2017.02.03 2016노2020

-의정부지방법원 2016.05.13 2015고단4076

-춘천지방법원 강릉지원 2018.05.24 2017고단1368

-수원지방법원 2018.10.11 2018고합352