The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The summary of the facts charged is between C and D, and the victim E (n, 20 years of age) is the friendship of C, and the Defendant was the first met on the day of the instant case.

On April 21, 2015, at around 22:30, the Defendant, at the mutual influence point in Bupyeongcheon-si, performed drinking together with C, D, and victim. On April 22, 2015, around 04:00, the Defendant moved to the studio of C’s residence located in Seocheon-gu, Seocheon-gu, Seocheon-gu.

At around 05:00 on the same day, the Defendant committed an indecent act by force against the victim by putting the victim who is intending to sleep at the above room room of the victim's left side and putting the victim in the entrance of the victim. One hand meets the victim's chest, putting the victim's finger into the victim's panty, putting the victim's finger into the victim's panty, and committing an indecent act by force.

2. The defendant's assertion and defense counsel's assertion and the defendant's defense counsel had a fact that the defendant was faced with the defendant's breast and fluorites of E, but in the process, the defendant did not assault or threaten E, and the defendant's above act cannot be seen as an indecent act against habitive behavior. Thus, the defendant committed an indecent act against the victim.

I argue that it would not be possible to do so.

3. Article 298 of the Criminal Act provides that a person who commits an indecent act against another person through violence or intimidation shall be punished as an indecent act. Thus, the crime of indecent act by force is established by committing an indecent act against another person by means of violence or intimidation, and the crime of assault or intimidation is in principle required to make it difficult to resist (see Supreme Court Decision 201Do8805, Jul. 26, 2012). However, the crime of indecent act by force includes not only cases where the other party commits an indecent act but also cases where the body of the person who commits the indecent act is deemed to be an indecent act after the other party made it difficult to resist by assault or intimidation. In such a case, the crime of indecent act by force does not necessarily require that the other party restrains the other party’s intent, and it is a tangible force contrary to the other party’s will.