(영문) 광주지방법원 2015.06.24 2014노2219 | 리걸엔진

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(영문) 광주지방법원 2015.06.24 2014노2219

강제추행

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts did not have committed an indecent act by force against the victim due to the victim’s her her butt, and only the victim’s her sturbane part was lost.

B. The Defendant’s act of misapprehension of the legal doctrine does not constitute indecent act by compulsion, given that it did not reach the degree of causing a sense of sexual humiliation to the victim.

C. The lower court’s sentence of unreasonable sentencing (the fine of 1.5 million won and the completion of the sexual assault treatment program) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below in light of the court below’s reasoning on the assertion of mistake of facts, i.e., the defendant made a statement at an investigative agency that he was not the victim’s but the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her statement in the court of the court below, which is not consistent with the defendant’s statement denying the crime of this case, and the defendant made a loan certificate that the defendant promised to pay 50 million won to the victim to the victim around February 5, 2014,

B. The judgment of the court below on the assertion of legal principles (1) The crime of indecent act by compulsion includes not only the case where an indecent act is committed after the other party makes it difficult to resist by means of assault or intimidation but also the case where the act of assault itself is deemed an indecent act. In this case, an assault does not necessarily require that the other party’s intention is at risk of suppressing, and so long as there is the exercise of force against the other party’s will, it shall be deemed that the force is regardless of the shock. The indecent act objectively causes sexual humiliation or aversion to the general public and is contrary to good sexual morality.

유사 판례

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