Text
Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The Defendant, while having weak ability to discern things or make decisions due to mental fissionation, committed an indecent act by force against the victim by putting the victim C's her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her shed
Summary of Evidence
1. A legal statement to the effect that the defendant's her her her her her her her her her her her her
1. Statement of the police statement regarding C;
1. C’s statement;
1. The term "indecent act" means an act that objectively causes a sense of sexual humiliation or aversion to the general public and is contrary to good sexual moral sense, and thus infringing on the victim's sexual freedom. Whether it constitutes such act shall be determined with careful consideration of the victim's intent, gender, age, relationship before the offender and the victim, circumstances leading to the act, specific form of act, and the surrounding objective situation and the sexual moral sense of that time (see Supreme Court Decision 2003Do7107, Jul. 14, 2005). The subjective elements necessary for its establishment are sufficient only by intention, and it does not require any subjective motive or purpose to stimulate, stimulate, and satisfy sexual desire (see Supreme Court Decision 2005Do6791, Jan. 13, 2006). In this case, even if the defendant had no desire to commit an indecent act against the victim's own will, the victim was sufficiently aware that he did not have any sexual intercourse.