A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

The defendant and the victim B (the age of 16) are those known to each other as elementary school students.

On July 24, 2018, at around 21:00, the Defendant discovered the victim on the front side of D in Daegu Suwon-gu Suwon-gu, and carried the victim with his/her personal shouldered with his/her own hand, and the victim was frighted to fright his/her hand and refused to fright his/her hand, but the Defendant again stated that “I fright to fright to fright the victim’s sexual organ with his/her left hand,” and said, “I fright to fright to fright to fright the victim’s sexual organ.”

As a result, the defendant committed an indecent act against the victim who is a child or juvenile.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F and G;

1. A victim video CD;

1. Determination as to the assertion by the Defendant and his defense counsel on the investigation report (including the report and accompanying material ofCCTV images);

1. The gist of the assertion is that the Defendant only carried out potteries with the victim in a reflective mind, and did not say that the victim’s sexual flag was spoke or “I am spora,” and there was no intention of indecent act by compulsion.

2. “Indecent act” as referred to in the crime of indecent act by compulsion of relevant legal principles means an act which causes a general average person in the same position as the victim to feel sexual humiliation or aversion and goes against good sexual morality, and thus infringes on the victim’s sexual freedom against a specific victim. Whether it constitutes such act ought to be determined by comprehensively taking into account the victim’s intent, gender, age, relationship between the perpetrator and the victim, circumstances leading to the act, specific form of the act committed against the victim, objective situation surrounding the act, sexual moral sense of the time, etc.

[See Supreme Court Decision 201Do7164, 2011 Jeondo124, Jan. 16, 2013, etc.] Moreover, there is 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.