피고인은 2014. 11. 7. 22:45경 천안시 동남구 소재 피해자의 집 중 공부방에서, 피해자에게 수학을 교습하던 중 피해자가 책상 앞에 설치된 거울을 보면서 튼 입술을 수 회 만지는 모습을 보고 갑자기 피고인의 손을 쥔 상태로 피해자의 턱 밑을 받치고, 엄지손가락으로 피해자의 입술을 두 번 쓰다듬은 후 “입맞추면 안 돼 ”라고 말하여 청소년인 피해자를 강제로 추행하였다.

2. Determination

A. The objective act of the Defendant as stated in the facts charged in the instant case is ① using the victim’s crypology twice with a strict finger and ② using the victim’s crypology as the victim’s crypium, and there was a crypance between both acts.

First, the Defendant’s act of stating that the Defendant “we can see the victim,” is premised on the exercise of force by force, so it is obvious that the Defendant’s words as above does not constitute the elements of the crime of indecent act by compulsion.

Therefore, the following acts can be seen as constituting indecent act by force, which uses the victim's entrance twice due to severe losses.

B. The crime of indecent act by compulsion is a crime infringing the individual’s legal interest, namely, the individual’s freedom of sexual expression. “Indecent act” as stipulated under the above provision of the Act is not sufficient solely for the fact that it causes a sense of sexual shame or aversion to the general public and goes against good sexual morality, and thus infringing on the victim’

(Supreme Court Decision 201Do8805 Decided July 26, 2012). C.

The following circumstances acknowledged by the evidence duly adopted and investigated by this Court, namely, ① the Defendant and the victim were in a usual relationship with the victim due to the victim’s excessive birth, and ② the place of this case is the protection of the victim.