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

On February 15, 2016, around 20:06, the Defendant: (a) committed indecent act by force by force against the victim E (the age of 49) following the victim E (the age of 49) who was seated in the rest room of the third floor of the Dental Medical Center located in Seopopo City C, Seopopo City.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to investigation reports (investigations subject to the three-story nursing clubs of the Dental Medical Center);

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 19 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. 주장의 요지 피고인은 D의료원에서 같은 병실을 사용하던 피해자의 가슴 부위를 움켜쥔 사실은 있으나 객관적으로 이러한 행위가 친분관계에 있는 남성(동성)인 피해자에게 성적 수치심을 유발하는 행위라고 보기 어려울뿐더러 피고인으로서는 당시 피해자에게 장난을 치려는 의도가 있었을 뿐 강제추행의 범의는 추호도 없었다.

2. Determination

A. In an indecent act means an act that causes a sense of sexual humiliation or aversion to the public objectively and contrary to good sexual moral sense, and thus, it constitutes an infringement on the victim’s sexual freedom. Whether it constitutes such an act should be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship before the offender and the victim, circumstances leading to the act, specific manner of act, and the surrounding objective situation and sexual moral sense, etc.

(see, e.g., Supreme Court Decision 2001Do2417, Apr. 26, 2002). Moreover, a subjective motive or purpose is to stimulate sexual humiliation as a subjective element necessary for the establishment of the crime of indecent act by compulsion.