The defendant shall be innocent.

1. The summary of the facts charged: (a) on December 2, 2011, the Defendant forced the victim to skik while drinking alcohol in the vicinity of Seongdong-gu Seoul Metropolitan Area, and tried to do so; (b) on the part of the victim, the victim asked the victim to get skid to get skid; and (c) on the part of the victim, the victim again asked the victim to get skid to get skid; and (d) on the part of the victim, the Defendant committed an indecent act, such as: (a) the Defendant forced skiding in drinking alcohol in the vicinity of Seongdong-gu Seoul Metropolitan Government; and (b) the victim asked the victim to get skid to get skid

2. Determination

A. Article 298 of the Criminal Act provides that “A person who, through violence or intimidation, commits an indecent act on another person shall be punished as an indecent act by force.”

However, the crime of indecent act by compulsion is a crime infringing the individual’s legal interest, which is an individual’s freedom of sexual liberty, and the phrase “indecent act” under the above legal provisions is insufficient solely for the fact that it causes a sense of sexual shame or aversion to the general public and goes against good sexual morality, and thus, it infringes on the victim’

In addition, the crime of indecent act by compulsion is established by indecent act by means of violence or intimidation, and the violence or intimidation is required to be such a degree that it is difficult to resist.

In addition, whether the assault, etc. was likely to make it difficult for the victim to resist shall be determined by comprehensively taking into account all the circumstances such as the content and degree of the assault, etc., the developments leading up to exercising force, the relationship with the victim, and the circumstances at the time of the indecent act and the subsequent circumstances.

(see, e.g., Supreme Court Decision 2011Do8805, Jul. 26, 2012). (B)

The record reveals the following circumstances.

(1) The complainant entered into a transportation service contract with E, a selective distribution delivery company, with the introduction of the defendant, while operating D, which provides human resources.

(2) 【The relationship between the Defendant and the complainant】 (1) The Defendant is not a E employee, but a E employee from September 9, 201.