A defendant shall be punished by imprisonment for not less than one year and six months.

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

Criminal facts

On March 15, 2016, the Defendant: (a) around 22:02, at the E-city bus affiliated with D, which was stopping on a road near the Busan East-gu, Busan, and (b) while under the influence of alcohol with bus passengers, the Defendant said that the victim F(57 years of age) was the victim of the physical disability 1 who was sitting in the bus seat, who was the victim of the bus, was the victim of the defect in order to make the victim’s speech, and against the Defendant, the victim’s speech that the victim was next to the victim, saying, “D is sexual intercourse with the disabled.”

However, the Defendant said that “I would see this only if you are the disabled?” The Defendant saw the victim as “I am the victim’s shoulder and the breast part of both the victim’s shoulder and the breast part.”

Accordingly, the defendant committed an indecent act against the victim who is a disabled person.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. stenographic records of the F;

1. The CCTV storage CD [the defendant only has a physical contact with the victim during a dispute, and did not intentionally commit an indecent act. The crime of indecent act by compulsion includes not only the case where the other party commits an indecent act after making it difficult to resist by assault or intimidation but also the case where the act of assault itself is recognized as an indecent act. In this case, inasmuch as the use of force against the other party's will is not necessarily required to suppress the other party's intent, it should be regardless of the exaggeration of the force. The indecent act is an act contrary to the other party's sexual moral sense, which objectively causes sexual humiliation or aversion to the general public and infringes on the victim's sexual freedom (see, e.g., Supreme Court Decision 2001Do2417, Apr. 26, 2002).