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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. According to the evidence submitted by the Prosecutor’s summary of the grounds for appeal, the defendant’s indecent act against the victim can be acknowledged.
2. In order to ensure the safe return of the victim, the Defendant merely flicked the victim’s side flick and flicked the victim and flicked the taxi, and also explained the witness E, who was aware of the difference between the victim and the victim at the time.
However, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., E consistently from the investigative agency to the court of the court below, and consistently responded to the defendant's intention to ask him whether he was the victim and the child, and thus, he reported it to the police.
In light of the fact that E appears to have no reason to make a false statement against the defendant, ② if the defendant had the intention to safely return to the defendant, it would be deemed that there is no reason to make a false statement to E as the victim who did not have any one-way formula. ③ At the time, the victim did not know the victim’s residence accurately even though he did not have any contact with the victim, and the defendant’s argument that the victim, who was seated in the stairs, did not have any awareness of the victim’s residence and did not have any awareness of the victim’s residence, and did not have any awareness of the defendant’s assertion that he did not return to Korea or want to take a cab, it is difficult to believe the above change by the defendant.
On the other hand, an indecent act is an act that causes sexual humiliation or aversion to the general public and is contrary to good sexual moral sense, and thus, infringes on the victim’s sexual freedom. Whether it constitutes an indecent act is the victim’s intent, gender, age, relationship before the perpetrator and the victim, the circumstances leading to the act, and specific.