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Defendant shall be punished by a fine of 1.5 million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On April 21, 2016, the Defendant forced the victim to commit an indecent act by using the victim F (M, 45 years of age) who was passing through the Defendant’s satising the victim’s chest, and by using the victim F (M, 45 years of age) in a satising the victim’s chest.
Summary of Evidence
1. Each legal statement of witness F and G;
1. Some statements made against the defendant during the police interrogation protocol;
1. A report on investigation (to attach on-site CCTVs);
1. Application of CCTV images to a CCTV closure and CD-related Acts and subordinate statutes;
1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;
1. Determination on the assertion by the Defendant and his/her defense counsel under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order
1. The summary of the argument is that the defendant and his defense counsel did not contact the defendant's hand on the victim's chest, and the defendant took the victim's hand on the victim's shoulder, but this merely did not commit an indecent act by mistake as an act committed by the defendant on the day of the occurrence of the case as an act of misunderstanding the victim's hand on the victim's hand on the part of the victim's hand on the victim's shoulder.
The argument is asserted.
2. Determination
A. The relevant legal doctrine refers to objectively causing sexual humiliation or aversion to the general public and infringing on the victim’s sexual freedom. Whether it constitutes a violation of the victim’s sexual moral concept, should be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship between the perpetrator and the victim prior to the occurrence of the act, circumstances leading to the act, specific form of the act, objective situation surrounding the act, and the sexual moral sense in that time.
In addition, there is no subjective motive or purpose to stimulate, stimulate, and satisfy sexual desire as a subjective element necessary for the establishment of the crime of indecent conduct (see Supreme Court Decision 2013Do5856, Sept. 26, 2013, etc.). B.