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(영문) 수원지방법원 평택지원 2016.09.09 2016고합85
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 3, 2016, at around 18:53 on June 3, 2016, the Defendant brought the victim D (or 14 years of age) who passed a place in front of the Defendant’s office in Pyeongtaek-si C.

Some Doz.

Doz. Doz.

A male-gu is a male-gu.

Does it be the food of any other person.

In the end, the victim's right side head is rhyd with the victim's right side head in hand, and the victim's blick with the victim's own hand is rhyd with the victim's two kyms above.

Accordingly, the defendant committed an indecent act by coercion against a female juvenile victim.

Summary of Evidence

1. Statement by the defendant in court;

1. The written statement of the police about D (the defense counsel of the defendant presented a written opinion that it is necessary to examine whether the defendant's act constitutes an indecent act by law.

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 who committed the assault is recognized as an indecent act. In this case, as long as the assault does not necessarily require the degree of suppressing the other party's intent, and has a tangible force against the other party's will, it shall be decided regardless of its force. The indecent act objectively causes sexual humiliation or aversion to the general public and is contrary to good sexual morality, and infringes on the victim's sexual freedom. Whether it constitutes it should be decided carefully by comprehensively taking into account the victim's intent, gender, age, relationship before the perpetrator and the victim, circumstances leading to the act, specific behavior, the form of the surrounding act, objective situation, and sexual morality of the age (see Supreme Court Decision 201Do2417, Apr. 26, 2002, etc.).

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