Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On July 12, 2015, around 04:30 on July 12, 2015, the Defendant committed an indecent act by taking advantage of the victim E (the remaining and 25 years of age) who was divingd in the water surface room of the Gangnam-gu Seoul Metropolitan Government “D Maba” located in Gangnam-gu, Seoul, by seating back to the victim E (the remaining and 25 years of age).

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. The victim’s testimony is reliable in light of the victim’s speech and behavior after the crime of this case and the victim’s testimony and behavior. According to the evidence above, the defendant’s intentional act of indecent act can be acknowledged, since the victim’s sexual organ is acknowledged.

(1) A subjective motive or objective is not required to stimulate, stimulate, and satisfy sexual desire as a subjective element necessary for the establishment of the crime of indecent act by compulsion (see Supreme Court Decision 2013Do586, Sept. 26, 2013, etc.). Application of the Act and subordinate statutes

1. Article 299 of the Criminal Act and Articles 298 and 298 of the Criminal Act and the choice of fines concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 334(1) of the Criminal Procedure Act provides that the defense counsel, which is not a forced indecent act against the facts charged in the instant case, should be regarded as a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (indecent act in a densely concentrated place), rather than a crime of indecent act committed by force.

The crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Public Crows) exercises tangible power by taking advantage of the situation in which it is difficult for the victim to clearly and actively resistance or avoid it due to the following reasons: (a) probability of indecent act and the need to punish it in public places with concentration of population in urbanized modern society is higher than the past; and (b) the victim's access to it is easy and the place of indecent act is open to the public.