The defendant's appeal is dismissed.

Summary of Grounds for Appeal

Article 11 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes applies to the defendant's act of taking the chest of the victim in soup, even if the argument is made, the application of Articles 299 and 298 of the Criminal Act shall not be applied (the first criminal case of the original judgment is the same as the case, and the defendant is punished as a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at Public Place).)

The sentence of imprisonment (ten months of imprisonment) imposed by the court below on the defendant is too unreasonable.

Judgment

Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes provides that "a person who commits an indecent act on another person in public means of transportation, place of public performance or assembly, or any other place where the public is concentrated" shall be punished by imprisonment with prison labor for not more than one year or by a fine not exceeding three million won. The legislative intent of the Act is to cope with a situation in which punishment under other Acts, such as the Criminal Act, is not being imposed, due to an indecent act committed by any means other than exercising force by taking advantage of the victim's explicit and affirmative resistance or difficult circumstances, such as where access to the victim is easy and where the place of indecent act is disclosed.

(See Supreme Court Decision 201Do17441 Decided February 23, 2012). However, the Defendant’s act of committing an indecent act against a victim locked at a soup room is an indecent act against the victim in the state of mental disorder, and thus, the crime of quasi-indecent act is established (see Supreme Court Decision 2001Do3490, Sept. 14, 2001). Thus, the mere indecent act is an indecent act at a public place called soup.