Defendant shall be punished by a fine of KRW 1,000,000.

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

Criminal facts

On November 28, 2013, from around 13:00 to 15:00 on the same day, the Defendant committed an indecent act by force against the victim D (34 years of age) who was up to the floor of the Gun, with the victim’s panty up to knee, and the victim’s knee, who was up to the floor of the Gun, was forced to commit an indecent act by forcing the victim’s knee.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Police suspect interrogation protocol of the accused;

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes governing Handphones;

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

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The defendant and his/her defense counsel's assertion on the punishment, etc. of sexual crimes exempt from disclosure and notification of personal information, the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the disclosure and notification of personal information shall not be made in consideration of the previous existence of such information, family relations, and the previous circumstances). The defendant and his/her defense counsel did not have the intention of indecent act against the defendant at the time of the crime.

An indecent act means an act that causes a sense of sexual humiliation or aversion to the general public and is contrary to good sexual morality, and thus infringing on the victim’s sexual freedom. Whether an act constitutes an act should be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship between the offender and the victim prior to such act, circumstances leading to such act, specific form of act, objective situation surrounding it, sexual morality, etc.

(see, e.g., Supreme Court Decision 2001Do2417, Apr. 26, 2002). Moreover, a subjective element of indecent act is to stimulate, stimulate, and satisfy sexual desire as a subjective element necessary for the establishment of the crime of indecent act by compulsion.