성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
The Defendant’s motion to attach the instant attachment order is dismissed.
Judgment on facts charged
1. The summary of the facts charged, the Defendant and the person who requested an order to attach an order (hereinafter referred to as the “Defendant”) committed an indecent act against the victim D (the name of the victim, the age of 11) who waits for an elevator to go to a private teaching institute in front of the first elevator of the Kimhae-si, Kimhae-si, in the absence of the ability to discern things or make decisions due to a very low understanding, judgment, and abstract thinkingability as the disabled of Grade II with intellectual disability. In addition, the Defendant and the person who requested an order to attach an order to attach an elevator (hereinafter referred to as the “Defendant”) committed an indecent act against the victim.
The Defendant, in the stairs of the same building where the victim was frighted, committed an indecent act against a minor under the age of 13 by forcing the victim to take away the victim’s left arms from the stairs between the 1st floor and the 2nd floor (hereinafter “the stairs of this case”).
2. We examine ex officio the facts charged.
A. In the crime of indecent conduct by force of relevant legal principles, indecent conduct means an act that causes sexual humiliation or aversion to the general public objectively and contrary to good sexual morality, which infringes on the victim’s sexual freedom.
The issue of whether a case constitutes this shall be determined with careful consideration in full view of the victim’s intent, gender, age, relationship before the perpetrator and the victim, the background leading to the act, specific form of act, objective situation in the surrounding environment, and the sexual morality concept in the era (see, e.g., Supreme Court Decisions 2001Do2417, Apr. 26, 2002; 2014Do6416, Dec. 24, 2014; 2016Do21231, Oct. 31, 2017). (b) According to the evidence duly adopted and examined by the court, the following facts are recognized.
1) On November 13, 2017, the Defendant: (a) was the time when the CCTV images of the instant building were emitted from around 14:57:20 on November 13, 2017.
(c).