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(영문) 서울중앙지방법원 2019.02.14 2018노3167
강제추행
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. 피고인의 항소이유의 요지는, 피고인은 B의 엉덩이를 꼬집었을 뿐 움켜쥔 사실이 없고, 장난삼아 엉덩이를 꼬집은 행위는 강제추행에 해당하지 않음에도 불구하고 이 사건 공소사실을 그대로 유죄로 인정한 원심판결에는 사실을 잘못 인정하거나 강제추행죄에 대한 법리를 잘못 이해한 위법이 있다는 것이다.

2. The grounds for appeal shall be considered ex officio prior to the judgment.

The prosecutor applied for the amendment of a bill of amendment to a bill of amendment to the indictment in which the part of the facts charged in the instant case against the Defendant’s “slicking her kn't kn't kn't kn't kn't kn't kn't k't k'

However, there are reasons for such ex officio reversal.

Even if the Defendant’s assertion of misunderstanding the legal principles is still meaningful, the following is examined (if the facts charged are accepted by the Defendant’s assertion of misunderstanding the facts and the alteration of the facts charged, the argument of misunderstanding the facts has become void). 3. An indecent act is 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 such an act shall be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship between the offender and the victim before the victim, circumstances leading to the act, specific form of act, and the objective situation surrounding the act,

(See Supreme Court Decision 2001Do2417 delivered on April 26, 2002, etc.). 4. Comprehensively taking account of the evidence duly adopted and examined by the court below, the defendant can be recognized as having a shower within the bath in the prison, without any justifiable reason, after completing a shower within the bath in the prison. This fact is seen earlier.

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