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(영문) 서울고등법원 2015.11.26 2015노2775
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles have drawn up the victim's bucks by harming the victim's bucks by hand, and the victim's bucks by hand only once. However, there is no appropriate use of violence or intimidation in executing the victim's mosing, and it is difficult to view such indecent act as an indecent act.

B. The court below's sentence of unfair sentencing (one year of imprisonment) against the defendant is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts and misapprehension of legal principles, the crime of indecent act by compulsion includes not only cases of indecent act after the other party makes it difficult to resist by assault or intimidation, but also cases where the act of assault itself is deemed to be an indecent act. In this case, as long as the assault does not necessarily require the degree of suppressing the other party’s intention, and the exercise of force against the other party’s will is exercised, regardless of its force’s exaggeration.

(see, e.g., Supreme Court Decisions 2001Do2417, Apr. 26, 2002; 2015Do6980, Sept. 10, 2015). Moreover, a subjective motive or objective is not required to stimulate, stimulate, and satisfy sexual desire as a subjective element necessary for the establishment of the crime of indecent act by compulsion.

(see Supreme Court Decision 2005Do6791, Jan. 13, 2006). Comprehensively taking account of the evidence duly examined and adopted by the court below, the facts that the victim was bucks and bucks and bucks and bucks and bucks and bucks and bucks and bucks and bucks and bucks and bucks and booms and booms the victim’s bucks and bucks.

The above act of the defendant constitutes so-called "indecent act" in which the act of assault itself constitutes an indecent act, and in such process, a separate assault or intimidation is not required as long as the defendant has exercised the force against the victim's will.

Therefore, this part of the defendant.

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