강제추행
The defendant's appeal is dismissed.
1. The summary of the grounds of appeal (fact-finding) is that the Defendant, in singing room, posted his hand on the victim's shoulder, but the Defendant did not commit an indecent act against the victim, such as singingly using the victim's hump as in the facts charged. The lower court found the Defendant guilty of indecent act by compulsion. The lower court erred by misapprehending the facts and affecting the conclusion of the judgment.
2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., (i) the victim made a concrete and consistent statement from the investigative agency to the court below, and (ii) G at the time of the instant case, along with the Defendant and the victim, made a statement that “the victim was able to block the Defendant at a singing room, and the Defendant was approaching the victim several times,” and H also made a statement that “The Defendant was supporting that the victim was in a situation consistent with the victim’s statement, i.e., the victim’s moving the damaged area from the victim’s side to another place.” (iii) the Defendant was the victim’s shoulder, and the fact that the victim was not receiving the victim, as described in the facts charged, may be acknowledged that the victim was 4 to 5 times away from the victim’s intent.”
In addition, the crime of indecent act by compulsion includes not only the case of indecent act after the other party makes it difficult to resist by means of assault or intimidation, but also the case of assault itself as 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 there is the exercise of force against the other party's will, it is objectively the indecent act regardless of its force.