Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

On September 10, 2018, around 04:23, the Defendant: (a) purchased a bet within the C convenience store located in Dong-gu Incheon Metropolitan City, and (b) had the victim D (19 years old) who is an employee to report to commit an indecent act; and (c) had the victim’s chest with the sudden hand.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. The defendant and the defense counsel asserted that the defendant and the defense counsel held as to the internal investigation report (No. 5 times in order), investigation report (C convenience search and CCTV search), CCTV storage media (C CCTV integration analysis), investigation report (C convenience point), and the defendant and the defense counsel's assertion that the victim saw the defendant's children or grandchildren to be "responding" and "responding with the victim's chests" as a mark of prone, and that the victim did not have any criminal intent to commit indecent acts by compulsion.

“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 it constitutes such an act shall be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship before the offender and the victim, circumstances leading to such act, specific manner of act, and the surrounding objective situation, sexual morality, etc.

(See Supreme Court Decision 2001Do2417 Decided April 26, 2002, etc.). Moreover, there is no 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, e.g., Supreme Court Decisions 2005Do6791, Jan. 13, 2006; 2013Do5856, Sept. 26, 2013). According to the evidence duly adopted and examined by the court, the defendant purchased a boom at a convenience store, and then out the part of the victim’s left chest.