Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On October 29, 2019, the Defendant, as a person with a disability of class II with a disability of class II, committed indecent act against the victim by making it possible for the victim C (the age of 22) who was seated next seated on several occasions while boarding a bus in front of a regional military manpower office in Suwon-si, Suwon-ro 120 on October 29, 201 and having weak ability to discern things or make decisions.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement;

1. An investigation report (similar power) (hereinafter “indecent act” in the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes means an act that causes an objectively a sense of sexual humiliation or aversion based on the general public and that infringes on the victim’s right to sexual self-determination. Whether an act constitutes such act shall be determined carefully by comprehensively taking into account the victim’s gender, age, relationship between the offender and the victim, circumstances leading to the act, specific manner leading to the act, objective situation surrounding the act, and the sexual moral sense of that time, etc. (see, e.g., Supreme Court Decision 2011Do17441, Feb. 23, 2012). It is sufficient for an offender to have committed an act contrary to the good sexual moral sense against the victim, and it is not sufficient for the offender to use the victim’s sexual humiliation or aversion, and thus, it cannot be objectively acknowledged that the victim was sexually sexually sexually sexually 2015Do725, Jun. 25, 20202).