(영문) 부산지방법원 2019.05.31 2018고합589

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(영문) 부산지방법원 2019.05.31 2018고합589

강제추행치상

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The defendant shall be innocent.

Reasons

1. On July 13, 2018, the Defendant: (a) around 23:42 on July 13, 2018, at C Document 2 (hereinafter “C”); (b) the Defendant was either a male and a female in the name of the Defendant, and the victim D (a family name, female, and age 26) who was standing on the part of the Defendant, went beyond the upper part of the Defendant’s order.

As a result, the victim seems to be above the defendant, and the defendant, after causing the body of the defendant, humping the victim, and humping the victim's chest by hand.

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

2. Determination

A. At the time of the summary of the defendant's and his defense counsel's assertion, the defendant did not have a fact that he delivered D's chests.

In addition, at the time, the defendant committed an indecent act in light of the situation at that time, the defendant's body was boomed or spared with D's shoulder, but it does not constitute an indecent act in light of the victim's intention.

B. Review 1) The facts constituting an offense charged in a criminal trial of the relevant legal doctrine must be proven by the prosecutor, and the judge should be convicted with evidence having probative value that leads to the conviction that the facts charged are true to the extent that there is no reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to guilt against the Defendant, it shall be determined with the benefit of the Defendant (see, e.g., Supreme Court Decision 2005Do767, Apr. 15, 2005). Meanwhile, an indecent act refers to an act that causes sexual humiliation or aversion to the general public and infringes on the victim’s sexual freedom, as it goes against the good sexual moral sense. Determination of whether it constitutes such an act ought to be made by comprehensively taking into account the victim’s intent, gender, age, relationship between the offender and the victim, circumstances leading to the act, specific form of act, objective situation surrounding the offense, and the sexual morality of the time (see, e.g., Supreme Court Decision 2016Do3131, Oct. 31, 2016

참조판례

-대법원 2005. 4. 15. 선고 2005도767 판결

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