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(영문) 인천지방법원 부천지원 2020.01.22 2019고단2897
폭행
Text

Defendants shall be punished by each fine of KRW 3,000,000.

The Defendants did not pay the above fines.

Reasons

Punishment of the crime

Defendants are guests of the hotel hotel D in Kimpo-si, Kimpo-si, Kimpo-si, and victims E (n, 27 years old) are employees working in the same hotel lifts.

The Defendants reported the use of the water at the above guest room toilets, and put a divers from the wall installed on the wall. However, the Defendants contacted the divers and the divers and the diversary.

1. Around 02:00 on June 23, 2019, Defendant A committed assault against the victim who was enrolled in the said guest room, putting the victim’s left shoulder on his/her hand with his/her hand floor, breaking the victim’s left shoulder on his/her hand, breaking the victim’s left shoulder on his/her hand, and breaking the victim’s left shoulder on his/her hand with his/her hand, and assaulting the victim’s left side buck.

2. Defendant B committed an indecent act by force against the victim, such as the date and time set forth in paragraph (1), and at a place set forth in paragraph (1), the Defendant 2 sealed the victim’s shoulder by putting his hand on the victim’s shoulder, putting the arms on two occasions, leaving the guest room and leaving the elevator up with the victim’s floor, leaving the victim’s parts such as the victim’s hand, and kiding the victim’s hands over the victim’s shoulder.

[Defendant B denied the intention of indecent act, but it does not require a subjective motive or objective to stimulate, promote, and satisfy sexual desire as a subjective constituent element necessary for the establishment of the crime of indecent act by compulsion (see, e.g., Supreme Court Decision 2013Do5856, Sept. 26, 2013). According to the evidence duly adopted and investigated by the court, the Defendant is acknowledged to have committed the act as stated in its reasoning.

This is the exercise of force against the victim's will and can be evaluated as an indecent act from the perspective of the general public as well as infringing on the victim's sexual freedom. Thus, it constitutes an indecent act in the crime of indecent act by compulsion. Even if there was no subjective motive or purpose to stimulate, stimulate, and satisfy the above defendant's sexual desire, the above defendant's intent as to indecent act can be acknowledged. Thus, the above assertion by the defendant and the defense counsel can be acknowledged.

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