When the defendant does not pay the above fine, 100,000 won.

On April 25, 2016, around 23:30 on April 25, 2016, the Defendant discovered the victim D (V, 22 years old) who was in front of the elevator of the first floor, Seocho-gu Seoul Metropolitan Government C Apartment 203, the first floor of the apartment of Seocho-gu, and met with the victim's sexual flag after the victim's back, and the victim's right to her arm's length was turned into the victim's her her m

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Legal statement of the witness D;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. On-site report (verification of on-site CCTV images, etc.) and the CD victim is deemed to have strawed her butt;

In addition, according to CCTV images, the defendant's act of self-defense in the following behind the victim is relatively clear in the course of entering the elevator in order to straw of the victim.

It can be sufficiently recognized that the defendant committed an indecent act as stated in its reasoning.

Meanwhile, the Defendant asserts that his act does not constitute an indecent act by force. However, the crime of indecent act by force includes not only the case where the other party commits an indecent act after making it difficult to resist by resorting to assault or intimidation, but also the case where the body of the perpetrator of the assault is regarded as an indecent act. In this case, as long as the assault does not necessarily require that it be enough to suppress the other party’s intent, and the exercise of tangible force against the other party’s will is against the other party’s will, the indecent act is objectively an act that causes sexual humiliation or aversion to the general public and infringes on the victim’s sexual freedom. Whether it constitutes this is against the victim’s will, gender, age, relationship between the perpetrator and the victim, the circumstances leading to such act, specific form of act, objective situation, and sexual intercourse at that time.