The defendant shall be innocent.

1. On May 14, 2013, the Defendant: (a) around 11:20 on May 14, 2013, the Defendant committed an indecent act against the victim in an elevator, which is a place where the public is concentrated, by taking advantage of the victim’s hand, while 30 or more people board the elevator in the 19th National Assembly of Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu, the National Assembly of the Republic of Korea: (b) on the following grounds: (c) on the part of the Defendant: (d) on the part of the Defendant, 30 or more people board the elevator; and (d) on the part of the Defendant, “A

2. Article 11 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides that “a person who commits an indecent act against another person in public transportation means, places of public performance or assembly, or other densely-populated places shall be punished by imprisonment with 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 the situation where punishment under other Acts, such as the Criminal Act, is not to be imposed due to an indecent act committed by any means other than exercising the force by using the situation where it is difficult to easily access the victim and to disclose the place of indecent act, etc.

(See Supreme Court Decision 2009Do5704 Decided October 29, 2009). On the other hand, an indecent act is an act that causes sexual humiliation or aversion to the general public objectively and contrary to good sexual morality, and thus infringes on the victim’s sexual freedom. Whether it constitutes an indecent act ought to be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship between the perpetrator and the victim prior to the act, circumstances leading to the act, specific form of the act, the surrounding objective situation, and the sexual moral sense of that age, etc.

(see, e.g., Supreme Court Decision 2001Do2417, Apr. 26, 2002). Prosecutor is the prosecutor.