Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

On June 10, 2017, at around 18:55, the Defendant committed an indecent act against the victim by taking the victim D (the victim 22 years of age) walk with a female toilet located in his/her house under the influence of alcohol, and making the victim hing to the entrance of the toilet hingly hingingly hingingly hinging the victim’s hinging the victim’s hing to his/her left arms, preventing him/her from being exposed to the victim, leading about about 5 meters at the entrance of the elevator, and leading about 5 meters at the entrance of the elevator.

Summary of Evidence

1. The defendant's partial statement (the fact that only he/she was aware of the damaged person and did not have the intention to commit an indecent act by force as stated in the facts constituting the crime)

1. Statement made by the police against D;

1. Investigation report (the confirmation of CCTV inside theC and identification of suspect lines), C CCTV images CDs [including not only cases where the other party commits an indecent act but also cases where the body of the person committing an indecent act is recognized as an indecent act after making it difficult to resist by assault or intimidation against the other party. In such cases, the assault is not necessarily required to suppress the other party’s will.

An indecent act means 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. Whether an act constitutes an indecent act shall be determined with careful consideration of the victim’s intent, gender, age, relationship between the perpetrator and the victim prior to such act, circumstances leading to such act, specific manners of the act, objective situation surrounding it, sexual morality, etc.

Moreover, there is no subjective motive or objective to stimulate sexual humiliation as a subjective element necessary for the establishment of the crime of indecent act by compulsion (see, e.g., Supreme Court Decisions 2013Do5856, Sept. 26, 2013; 2015Do6980, 2015Mo2524, Sept. 10, 2015). This Court is legitimate.