2. In the context of the crime of indecent act by compulsion of judgment, an indecent act by compulsion of judgment objectively causes sexual humiliation or aversion to the general public and is contrary to the good sexual moral sense, and thus infringing on the victim’s sexual freedom. Whether it constitutes such an act ought to be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship between the perpetrator and the victim prior to such act, circumstances leading to such act, specific form of act, objective circumstances surrounding the act, and sexual moral sense in the age (see, e.g., Supreme Court Decision 2001Do2417, Apr. 26, 2002). In order to establish the crime of indecent act by compulsion of judgment, there is a need to commit the crime of indecent act by compulsion of the victim, but there is no subjective motive or purpose to stimulate or satisfy the sexual desire separately.

(See Supreme Court Decision 2009Do2576 Decided September 24, 2009). The following circumstances acknowledged by the evidence duly admitted and investigated by the court below, namely, ① the victim has credibility in his statement because he made detailed and consistent statements about the background and method of indecent act in which he had committed an indecent act, such as the facts stated in the crime of this case, by the defendant. ② The defendant stated in an investigative agency that he had sexual intercourse with his own sexual organ; ② the victim, a substitute engineer, stated that he had a memory (the first right of evidence record No. 8); and the court of the court of the trial that recognized all the crimes of this case. ③ At the time of the crime of this case, only the defendant and the victim were in the vehicle, and the victim was in driving a motor vehicle as a substitute driver.