The defendant shall be innocent.

1. The summary of the facts charged is that the Defendant is a teacher, a teacher, and a scientific teacher, who was in the second half of the year B in 2018.

On March 3, 2018, the Defendant committed an indecent act against the victim, who is a child or juvenile, on 42 occasions in total, from around the time to April 2018, as shown in the list of crimes in the attached Table, by using a blicking method, such as the head and string of the victim D (the 14-year old age), who is a child or juvenile, in the middle school corridor B, in which the Defendant committed an indecent act against the victim, who is a child or juvenile, by using the blicking method.

2. Determination

A. In order to establish the crime of indecent act by assaulting or threatening against the other party in the course of committing an indecent act by force, such assault or intimidation requires to the extent that it would be difficult to resist the other party, and whether such assault or intimidation was sufficient to make it difficult to resist the victim’s resistance should be determined by comprehensively taking into account all the circumstances such as the details and degree of the assault or intimidation, the background leading up to the exercise of force, relationship with the victim, relationship with the victim, and circumstances at the time of and after the indecent act.

(See Supreme Court Decision 2006Do5979 Decided January 25, 2007, etc.). Meanwhile, the crime of indecent act by compulsion includes not only cases of indecent act after the other party made it difficult to resist by assault or intimidation but also cases where the act of assault itself is deemed to be an indecent act after the other party made it difficult to resist. In such a case, the assault does not necessarily require that the other party’s intention is at the level of suppressing the other party’s intention. As long as there is the exercise of tangible force contrary to the other party’s intention, the assault by compulsion of the force is regardless of the other party’s

In addition, the indecent act objectively causes sexual humiliation or aversion to the general public and infringes on the victim's sexual freedom. The issue of whether it constitutes an indecent act is the victim's intention, gender, age, relationship between the perpetrator and the victim before, the circumstances leading to the act, specific behavior attitude, and surroundings.