However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

On July 23, 2014, at around 13:15, the Defendant found the victim E (here, 10 years of age) who was going from the front stairs of the English Institute of English Research located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, to the second floor, and forced the victim under 13 years of age to commit two times in his/her hands.

Summary of Evidence

1. Partial statement of the defendant;

1. Records of E in protocol;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 298 of the Criminal Act concerning criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The main sentence of Article 21 (2) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Determination on the assertion by the Defendant and his/her defense counsel under Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. It is true that the head of the principal place twice the victim’s vessel was indecent act in the crime of indecent act by compulsion. However, it is difficult to regard the defendant as an “indecent act” in the crime of indecent act by compulsion, and there was no intention of the defendant

2. “Indecent act” in the crime of indecent act by compulsion means an act which objectively causes the general or average person in the same position as the other party to cause a sense of sexual humiliation or aversion and goes against good sexual morality, and thus infringes on the victim’s sexual freedom;

The issue of whether it is a case shall be determined carefully by comprehensively taking into account the intent of the victim, gender, age, relationship between the offender and the victim before, the background leading to the act, specific form of act, objective situation in the surroundings, sexual morality concept in the era, etc.

Supreme Court Decision 2009Do2576 Decided September 24, 2009