The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The summary of the facts charged is Grade III with mental retardation.

On April 3, 2018, at around 19:20, the Defendant collected drinking water from the victim D (hereinafter “victimd children”) who was on board the apartment 108 unit C apartment of Dobong-gu Seoul Metropolitan Government on April 3, 2018, and collected drinking water from the victim D (the family name, 11 years of age, hereinafter “victimd children”). The Defendant collected drinking water from the following, and the victimized children who suffered drinking water from the situation where the water is cut in the elevator. The Defendant was unable to close the elevator door even after the elevator arrived at the 7th floor of its own purpose, and caused the victimized children to suffer drinking water to the victimized children.

As a result, the defendant committed an indecent act against a minor under 13 years of age.

2. Determination

A. The Defendant and his defense counsel asserted that the victimized child was on the day of the instant case, and the Defendant was in the future at the time of provoking the victimized child on the day of the instant case, and only she took the hand of the victimized child and her badly.

The defendant's act of taking the damaged child's grandchildren does not constitute a forced indecent act in the crime of forced indecent act regulated by Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant did not have the intention of forced indecent act.

B. The crime of indecent act by force of the relevant legal doctrine includes not only the case of indecent act after the other party makes it difficult to resist by means of assault or intimidation but also the case where the body of the person who committed assault is deemed to be an indecent act. In this case, as long as the assault does not necessarily require the degree of suppressing the other party’s intent and the exercise of force against the other party’s will, it does not necessarily mean that the assault is against the other party’s will.

In addition, indecent acts are acts that cause sexual humiliation or aversion to the general public objectively and are contrary to good sexual morality, which infringe on the victim's sexual freedom.