2. Determination

A. The summary of the facts charged is that the Defendant was in a factory in the Chungcheongnam-gun, Jincheon-gun, Chungcheongnam-gun, and the victim D (if known, 40 years of age) is in the same workplace rent relationship.

(1) On May 30, 2017, the Defendant, at around 14:00, committed an indecent act by force against the victim, who brought sampling upon the Defendant’s request that the sampling take place at the site of the manufacturing team of the above factory, by stating that “I am about to do so more than four face.”

(2) On June 13, 2017, at around 09:30, the Defendant committed an indecent act by force against the victim, who committed an act of collecting samples at the manufacturing team of the above factory, stating that “Isn't have to do so,” and that “Isn't have to do so.” In other words, the Defendant committed an indecent act against the victim by coercioning the victim’s shoulder with the right arms.

B. In full view of the circumstances acknowledged by the record, the lower court rendered a not-guilty verdict on the facts charged of this case on the ground that it is difficult to deem that the Defendant committed an indecent act by compulsion with the intent of indecent act by compulsion was proven without any reasonable doubt.

(c) Indecent conduct in the judgment of the court of the trial means an act that causes sexual humiliation or aversion to the general public and is contrary to good sexual morality, which infringes on the victim’s sexual freedom.

The issue of whether it is a case shall be determined by comprehensively taking into account the victim's intention, gender, age, relationship between the offender and the victim, circumstances leading to the act, specific manner of act, and objective situation surrounding the act, sexual morality, etc.

(see, e.g., Supreme Court Decision 2016Do21231, Oct. 31, 2017). Article 298 of the Criminal Act provides for a person who commits an indecent act against another by assault or intimidation.