1. On August 23, 2016, from around 00:37:14 to around 00:37:17, the Defendant committed an indecent act on the street near the parking lot of the first floor of the Busan B B B B lending in order to punish both arms, and by drawing the victim C (V, 37 years of age) in front of the victim C (P, she was hicked for about 5 seconds, and she committed an indecent act.

2. On August 23, 2016, from around 00:46:00 to around 00:46:12, the Defendant committed an indecent act, such as sparingly raising the victim at the entrance of the first floor of B B B lending in Busan, and raising him/her face.

Judgment

In the crime of indecent act by compulsion, indecent act causes an objective sense of sexual humiliation or aversion to the general public and is contrary to good sexual morality, and thus, constitutes an act infringing on the victim’s sexual freedom. Determination of whether it constitutes such act ought to be made carefully by comprehensively taking into account the victim’s intent, gender, age, relationship between the offender and the victim, circumstances leading to such act, specific manner leading to such act, the surrounding objective situation, and the sexual moral sense in the era (see, e.g., Supreme Court Decision 2013Do11, Feb. 27, 2014). According to evidence submitted by the prosecutor, the fact that the Defendant committed an act identical to the facts charged is recognized.

On the other hand, the records reveal the following circumstances.

① The Defendant, with the knowledge of the victim and several years from the beginning of July 2016, began to attend school with the victim through her friendship, and thereafter, maintained the relationship between the victim and his/her family with the victim by continuously having sexual intercourse with each other. On August 2016, 2016, the Defendant was notified of the decision unilaterally from the victim at the time when the formation was completed, on the ground that the Defendant did not have a bread victim under the influence of alcohol at the beginning of August 2016.

Around that time, there was a person (D) who experienced a sense of her sexual intercourse with the victim, and the defendant seems to have been unaware of it until the day of the instant case.

(2) The defendant has a separate reason.