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(영문) 의정부지방법원 2016.02.04 2015노3411
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit an indecent act by force against the victim G.

B. The sentence of the lower court’s unfair sentencing (six months of imprisonment and twenty-four hours of order to complete a sexual assault treatment program) is too unreasonable.

2. Determination

A. Fact-finding 1) The crime of indecent act by force includes not only cases where the other party commits an indecent act after making it difficult to resist by assault or intimidation, but also cases where the body of the person committing the indecent act is deemed to be an indecent act. In such a case, assault is not necessarily required to suppress the other party’s intent, and so long as the exercise of force against the other party’s will is against the other party’s will, regardless of its force, and indecent act is objectively against the ordinary public’s sense of sexual humiliation or aversion, and infringes on the victim’s sexual freedom (see Supreme Court Decision 2001Do2417, Apr. 26, 2002, etc.). In addition, the lower court’s subjective motive or purpose was not to have the victim’s freedom of expression lawfully decided that the Defendant did not go against the victim’s will to stimulate, dive, and satisfy the victim’s sexual desire (see, e.g., Supreme Court Decision 2006Do715, Nov. 26, 2006).

As such, the Defendant committed an indecent act by force against the victim as stated in the instant facts charged.

Recognized.

(iii)..

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