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The defendant shall be innocent.
Reasons
1. On July 22, 2014, the Defendant: (a) around 04:20 on July 22, 2014, at the Seongbuk-gu Seoul cafeteria; (b) on the back seat, the victim D (at the age of 19) who was seated on the back seat, called “satisfed with a thicknessed brin, drinking, drinking,” and committed an indecent act against the victim against the victim’s will by bating the victim’s her bat with his her finger, etc.
2. Determination
A. The crime of indecent act by compulsion is a crime infringing the individual’s legal interest, namely, the individual’s freedom of sexual intercourse. Here, “indecent act” refers to an act which objectively causes a sense of sexual humiliation or aversion to the general public and goes against good sexual morality, and thus, it should be sufficient to infringe the victim’s freedom of sexual self-determination. Whether such act constitutes a crime should be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship between the perpetrator and the victim prior to the occurrence of the act, circumstances leading to the act, specific form of act, and the surrounding objective situation and the sexual moral sense
(Supreme Court Decision 201Do8805 Decided July 26, 2012 and Supreme Court Decision 2001Do2417 Decided April 26, 2002
The evidence seems to correspond to the facts charged includes each police statement, written statement, and written statement to the effect that “gregn, flick, etc. with knick, flick, etc., flick,” and the contents and recording of the CD from a conversation to the effect that the Defendant flick,” and the victim’s legal statement to the effect that “flick, etc., depending on spine due to flick, flick, etc., flick, and flick.”
C. The victim’s statement is generally consistent with the physical contact indicated in the facts charged, except for the fact that is somewhat exaggerated in the court, and is specific, in light of the following circumstances that can be known through the evidence duly examined and adopted by this court.