아동ㆍ청소년의성보호에관한법률위반(위계등추행)
Defendant shall be punished by a fine of KRW 8,000,000.
If the defendant does not pay the above fine, 50,000 won.
Punishment of the crime
1. On December 22, 2012, the Defendant: (a) committed an indecent act against the victim, who is a child or juvenile, on the part of the victim, in the D office located in Kimhae-si, Kim Jong-si, with the mind that he/she would commit an indecent act against the victim E (the age of 18) by drinking the victim’s body, having his/her body cut off, and having his/her massage boomed; (b) displayed the victim’s massage model; and (c) committed an indecent act against the victim, who is a child or juvenile, on the hand floor, twice by force.
2. At around 13:50 on December 29, 2012, the Defendant committed an indecent act against a child or juvenile by force on the part of the victim, i.e., the victim, who was seated in a sofa, facing the snow, booms both sides of the victim’s view with his/her hand, and facing his/her sound into the right side of the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. The defendant and defense counsel's assertion and judgment regarding E's protocol of statement
1. The defendant and his defense counsel asserted that the defendant had knenee and kneeeee, etc., but had no intention to commit an indecent act against the victim as stated in paragraph 1 of the judgment of the defendant.
2. The determination is based on the following: (a) an indecent act may objectively cause sexual humiliation or aversion to the general public and may infringe upon the victim’s sexual freedom; and (b) whether it constitutes such an act ought to be determined by comprehensively taking into account the victim’s intent, gender, age, relationship before the actor and the victim; (c) circumstances leading to such act; (d) details leading to such act; (e) specific form of act; and (e) the objective situation surrounding it; and (e) sexual moral sense in that time (see, e.g., Supreme Court Decision 2012Do3893, Jun. 14, 2012). No subjective motive or purpose is required to stimulate sexual humiliation as a subjective element necessary for its establishment.
(see, e.g., Supreme Court Decision 2009Do2576, Sept. 24, 2009). However, this Court can be recognized by evidence duly adopted and investigated.