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Reasons
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(영문) 서울고등법원 2015.06.05 2015노641
준강제추행등
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The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for one year.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. In other words, the court below erred by misapprehending the legal principles, which affected the conclusion of the judgment, although the Defendant and the person requesting probation order (hereinafter “Defendant”)’s act of extending the part of the victim F’s chest to the victim F’s chest constitutes the commencement of an indecent act.

B. It is unreasonable for the court below to dismiss the defendant's request for probation order despite the risk of recidivism of sexual crimes.

2. Judgment on the misapprehension of legal principles

A. On April 28, 2014, at around 22:07, the Defendant discovered the victim F (the age of 25) who gets out of the stairs of subway No. 5, the subway No. 5, which is located in the king-dong, Seongdong-gu, Seongdong-gu, Seoul, for a 17th century, and attempted to leave the victim’s chest by going up the stairs towards the direction of the victim, while going back the victim’s hand, and trying to turn out the victim’s chest, but the Defendant did not commit an attempted crime without having the victim play.

B. The lower court found the Defendant not guilty on the ground that the Defendant’s act alone does not constitute an indecent act inasmuch as the Defendant’s act of assault causes sexual humiliation or aversion to the general public and seriously infringes on the victim’s sexual moral sense as it is objectively contrary to the victim’s sexual freedom, and it is difficult to recognize that the Defendant’s act alone alone does not lead to the commencement of assault to the extent that it makes it difficult for the Defendant to resist the victim’s chest.

C. The crime of indecent act by compulsion 1 in this court’s judgment is the commencement of enforcement at the time of commencement of assault or intimidation to the extent that it would make it difficult for the other party to resist.

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