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(영문) 대구지방법원 2014.08.21 2014고단1523
강제추행
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a public educational official working as the head of the administrative office at G elementary school located in Daegu Dong-gu F, and the victim H (V, 48 years old) is a teacher of the above school.

At around 19:00 on December 20, 2013, the Defendant, at the “J” located in the Daegu Dong-gu, Daegu-gu, 19:00, by the following purport: (a) the Defendant: (b) committed indecent act by compulsion of the victim by the victim: (c) the Defendant’s fluencing of the group of faculty members and staff members, and (d) the victim’s fluencing of both the victim’s fluor by inserting two fingers; (b) the victim’s fluor and chests of the victim’s fluor; and (c) the Defendant’s fluoring of the victim

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of H, K, and L;

1. “Indecent act” in determining whether the Defendant’s act in the police statement statement with H constitutes an indecent act is objectively against the ordinary public’s sense of sexual humiliation or aversion and good sexual morality, and thus infringing on the victim’s sexual freedom. Whether it constitutes such an act should be determined after careful consideration of the victim’s intent, gender, age, relationship between the perpetrator and the victim before the victim, circumstances leading to the act, specific form of act, surrounding objective circumstances, and the concept of sexual morality in the age.

(Supreme Court Decision 2001Do2417 delivered on April 26, 2002). According to the evidence duly adopted and examined by this court, the defendant's act was judged to constitute sexual harassment on the part where the victim's fingers and chests come to contact with the victim's shoulder and chests by putting the victim's fingers in a deep-depth manner around the end of the group ceremony. The defendant did not have any special circumstance that the victim should have his body with the victim as he was under the influence of alcohol, such as the victim's body was not frightened, and the defendant's act was said to constitute sexual harassment.

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