A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

At around 12:30 on July 8, 2019, the Defendant committed an indecent act against the victim by making the victim’s panty typ in his own hands by taking back the victim’s panty in the following behind the victim D(53 years of age) who is working partner at the C7th floor office located in Suwon-si B, Suwon-si.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument is that the defendant's pathy was involved in the victim's pathy, but there was no intention to commit an indecent act against the defendant.

2. The determination of indecent act is objectively an act that causes a sense of sexual humiliation or aversion to the general public and goes against good sexual morality, which infringes on the victim’s sexual freedom, and it does not require a subjective motive or purpose to stimulate sexual humiliation as a subjective element necessary for the establishment of the crime of indecent act by compulsion.

(See Supreme Court Decision 2013Do5856 Decided September 26, 2013). In light of the aforementioned legal principles, even if there was no subjective motive or purpose to stimulate sexual humiliation to the Defendant at the time of the instant crime, it is reasonable to view that the Defendant’s act of making the victim’s panty revealed by taking the victim’s panty in an objective manner constitutes an act that causes a sense of sexual humiliation or aversion to the general and average person, and thus, constitutes an act contrary to the good moral sense, and thereby infringing on the victim’s sexual freedom.