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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. Around June 12, 2015, the Defendant: (a) around E real estate in Changwon-si, Changwon-si, Changwon-si; (b) had the victim F in mind of forcing the victim to commit an indecent act; and (c) had the victim walked in the front, following the victim’s walked around the victim’s left hand; and (d) had the victim’s right hand back to the victim’s right side, and had the victim walked one time.
Accordingly, the defendant committed an indecent act by force against a person under 13 years of age.
2. Determination
A. According to the victim, witness G’s respective legal statements, and witness F’s statements in the second trial records, etc., the defendant is recognized as having interviewed the victim’s right side part of the victim’s right side part at the time and place indicated in the above facts charged, but it is also examined whether the defendant had contact the victim’s body with the victim’s intent to commit an indecent act on a year basis.
B. In the crime of indecent act by force, “competence” refers to 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. The determination should be carefully determined by comprehensively taking into account the victim’s intent, gender, age, relationship before the perpetrator and the victim, circumstances leading to the act, specific manner leading to the act, the surrounding objective situation, and the sexual moral sense of that time (see, e.g., Supreme Court Decisions 2015Do6980, Sept. 10, 2015; 2001Do2417, Apr. 26, 2002). Determination of whether a certain act constitutes an indecent act pursuant to such legal doctrine ought to be made in view of the victim’s perception of the other party as the same sex, whether the act was perceived as the victim’s sexual intercourse, as well as the other party’s general sexual norms based on such social position, and whether the act naturally constitutes an indecent act against sexual morality.
B. H. H. punishment.