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

Defendant

At around 08:20 on July 31, 2013, the person subject to a request to attach an attachment order (hereinafter referred to as the "defendant") was in the house of the victim D (nive, 14 years old) located in Gwangju Dong-gu, Gwangju. On the back of the victim who was unsatisfed with the room floor, the victim satisfing both shoulders on the left side of the victim, and then the victim satisfing on both sides of the bridge by hand.”

Accordingly, the defendant committed an indecent act against the juvenile victim by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Judgment on the defendant and defense counsel's assertion regarding D's statement

1. The gist of the assertion is that the complainant has taken the same action as his/her father and had no intention to commit an indecent act against the complainant.

2. In the crime of indecent act by compulsion, “Indecent act” in the crime of indecent act by compulsion causes sexual humiliation or aversion to the general public objectively and infringes on the victim’s sexual freedom.

The determination of whether a case constitutes such a determination ought to be made by comprehensively taking into account the victim’s intent, gender, age, relationship between the perpetrator and the victim prior to the occurrence of the act, circumstances leading to the act, specific form of conduct, objective situation surrounding the act, and sexual morality concept of the age (see, e.g., Supreme Court Decision 2012Do3893, Jun. 14, 2012). The motive or purpose of the victim’s subjective constituent elements necessary for the establishment thereof is not to have the motive or purpose to stimulate sexual humiliation.

(2) In light of the aforementioned legal principles, the Defendant’s act constitutes an “indecent act” and the Defendant’s intentional act of indecent act is also acknowledged, in light of the following circumstances, which can be known through each evidence adopted and investigated by the instant court, based on the premise of the foregoing legal doctrine, in light of the following circumstances (e.g., recognized facts or the basis thereof).

The injured party shall be the defendant at the investigative agency.