2. In the crime of indecent act by force under Article 298 of the former Criminal Code, the term “compact” means an act that causes sexual humiliation or aversion to the general public and infringes on the victim’s sexual freedom, even though it does not require a subjective motive or objective to stimulate, arouse, and satisfy sexual desire as a subjective element necessary for its establishment.

In addition, the determination of whether an indecent act constitutes such an indecent act ought to be made with careful consideration by comprehensively taking into account the victim’s intent, gender, age, relationship prior to the perpetrator and the victim, circumstances leading to the act, specific attitude of the act, and the surrounding circumstances and the sexual morality concept of the age (see Supreme Court Decision 2016Do21231, Oct. 31, 2017, etc.). In light of the following circumstances, the Defendant’s act appears to have given general inconvenience to D, but it is difficult to view that the Defendant’s act constitutes an act that causes sexual humiliation or aversion to the general and average person in an objective same situation and violates good sexual morality, thereby infringing upon D’s sexual freedom.

(1) The defendant was able to sleep while under the influence of alcohol at the time and place stated in the facts charged, and has driven tobacco in the future.

D In order to see a horse, a flag was cut as a flag.

(2) Accordingly, D shall sit without being able to counter one another, and he/she shall sit in his/her body.