2. Determination

A. The Defendant asserts to the effect that there was no intentional indecent act by compulsion on the first day after the lapse of the statement of grounds for appeal.

“Indecent act” means an act that causes a sense of sexual humiliation or aversion to the general public and is contrary to good sexual morality, and thus infringing on the victim’s sexual freedom, and whether it is so determined shall be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship between the offender and the victim prior to the occurrence of the act, circumstances leading to the act, specific form of act, objective situation surrounding the act, and the sexual moral sense in the era.

In addition, there is no subjective motive or purpose to stimulate, stimulate, and satisfy sexual desire as a subjective element necessary for the establishment of the crime of indecent act by compulsion.

(Supreme Court Decision 2013Do5856 Decided September 26, 2013). According to the evidence duly admitted and examined by the court below, the defendant put his/her face to a male child of approximately 7 through 9 years of age, and then gets the victim's entrance. When the victim E (V, 7 years of age) goes on the part of the distribution structure, he/she was the defendant, etc., he/she is recognized that the victim E was h'tt the victim E's her her her her son with the victim's own hand, and the fact is recognized.

It is reasonable to view that the above acts by the Defendant constitute an act that causes a general and average person to feel sexual humiliation or aversion, and thus constitutes an act contrary to good sexual morality, and thereby, the victims’ sexual freedom was infringed.

As such, it can be evaluated as constituting “indecent act.”

Furthermore, in light of the behavior of indecent act and the circumstances at the time, there was no subjective motive or purpose to stimulate, stimulate, and satisfy the sexual desire to the accused.