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(영문) 대구지방법원 서부지원 2016.08.25 2016고단890
강제추행
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On May 12, 2016, the Defendant: (a) committed assaulting the victim E (the 21 year old), who was on the side table table table in the Daegu Seo-gu Office C on May 23:28, 2016, and the victim E (the 21 year old), who was under mixed drinking, and his/her drinking, continued to engage in drinking as “the fluoring to the same drinking as”; (b) was to move the victim to another place; (c) was to move the victim to the other place; and (d) was to move the hand to the victim; and (e) was to turn the victim’s side fluoral part of the victim by exposing his/her hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The summary of the facts charged in the instant case is as follows: (a) on May 12, 2016, the Defendant committed an indecent act by force against the victim E (the victim 21 years old) who was on the side table table in the middle-gu Daegu-gu Office C on May 12, 2016, while drinking a mixed alcoholic beverage, and against his/her drinking in the same manner; (b) on the victim E (the victim 21 years old) who was under the mixed alcoholic beverage, the Defendant continued to drink the same alcoholic beverage; (c) was to move the victim to another place; and (d) was to move the victim to the other place; and (e) was to see the defect that the victim tried to move the victim to the other place; and (e) was to turn his/her hand back to the back part of the victim.

Judgment

The crime of indecent act by force includes not only the case where the other party commits an indecent act after making it difficult to resist the other party by resorting to violence or intimidation, but also the case where the body of the person of assault is recognized as an indecent act. The indecent act objectively means an act that causes sexual humiliation or aversion to the general public and is contrary to good sexual morality and thus infringing on the victim's sexual freedom. Whether it constitutes it is a violation of the victim's intention, gender, age, relationship before the offender and the injured person, circumstances leading to the act, specific form of act, objective situation, and sexual moral sense of the times.

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