The defendant shall be innocent.

1. On November 17, 2016, the Defendant: (a) around 20:00, at the Geumcheon-gu Seoul Metropolitan Government Office “D” office of Geumcheon-gu Seoul Metropolitan Government building C, the Defendant attempted to wear the shoulder of the victim E (W, 39 years of age), who is a workplace, as a hand hand, and (b) attempted to attract the victim by force; (c) when the victim was pushed and rejected the Defendant as his hand, the Defendant was tight and refused, and (d) forced the victim to bring the victim into force again.

2. Determination

A. The crime of indecent act by force is a crime that infringes on an individual’s individual’s legal interest, such as the individual’s freedom of sexual intercourse, and “comforcing” under Article 298 of the Criminal Act is not sufficient to say that it is an act that causes a sense of sexual humiliation or aversion to the general public and goes against good sexual moral sense, and thus, infringes on the victim’s freedom

In addition, the crime of indecent act by force is established by indecent act by resorting to violence or intimidation, and such violence or intimidation is required to be difficult to resist.

Whether such assault, etc. was likely to make it difficult to resist the victim’s resistance ought to be determined by comprehensively taking account of not only the content and degree of the assault, etc., but also all the circumstances such as the developments leading up to the exercise of force, the relationship with the victim, and the circumstances at the time of and after the prosecution (see, e.g., Supreme Court Decision 201Do805, Jul. 26, 2012). B. Considering the following circumstances revealed by the evidence duly adopted and investigated by the court, the evidence submitted by the prosecutor alone committed an indecent act by causing assault or intimidation to the extent that the defendant makes it difficult to resist the victim.

The recognition is insufficient, and there is no other evidence to prove it.

1) According to the victim’s investigative agency and this court’s statement, the Defendant and the victim have expressed a talk related to the business at the time of the instant case, and have a sense of encouragement after giving a bad faith.