강제추행
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (the factual errors and misapprehension of legal principles) is that the defendant does not attach the victim's side life to the victim's side life while she was on board an elevator with two other employees, but does not work together with the victim's side life to the victim's side life with his/her intention to she was on board or to take the victim's side life to the victim's side life with his/her intention to she was on board with his/her other employees, and thus, the defendant constitutes indecent acts by compulsion by force.
No person may be deemed to have had the intent to commit indecent act by compulsion against the defendant.
Nevertheless, the court below rendered a judgment of conviction against the defendant by misunderstanding facts or understanding legal principles.
2. Determination
A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.
While the lower court sentenced a punishment for the crime of indecent act by compulsion, which is a sex offense prescribed by the Act on the Protection of Children and Juveniles against Sexual Abuse, it can be known that the lower court failed to deliberate on whether to issue an employment restriction order to the Defendant and the period of employment restriction as prescribed by Article 3 of the Addenda of the same Act (Act No. 15352, Jan. 16, 2018) and Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018). Thus, the lower court erred by misapprehending the law and adversely affecting the judgment.
However, even if there are such reasons for ex officio destruction, the defendant's assertion of misunderstanding of facts and misapprehension of legal principles is still subject to the judgment of the court.
B. “Indecent act” in determining the mistake of facts and misapprehension of legal principles is objectively an act that causes sexual humiliation or aversion to the general public and is contrary to the good sexual moral sense, and thus infringes on the victim’s sexual freedom, and whether it constitutes such an act is the relation between the victim’s intent, gender, age, and the perpetrator and the victim’s interest