A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Application of statutes on site photographs;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. Article 62 (1) of the Criminal Act;

1. The assertion and judgment of the accused and the defense counsel under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. The alleged defendant merely committed an act of entering facts constituting a crime by the victim's return, not with the intent to commit an indecent act.

2. The determination of indecent act is objectively 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. The determination of whether an act constitutes an act should be made carefully by comprehensively taking into account the victim’s intent, gender, age, relationship before the offender and the victim, circumstances leading to the act, specific form of act, and the surrounding objective situation, sexual morality, etc.

In addition, there is no subjective motive or purpose to stimulate sexual desire as a subjective element necessary for the establishment of the crime of indecent act by compulsion.

(see Supreme Court Decision 2013Do5856, Sept. 26, 2013). In this case, even if there was no subjective motive or purpose to stimulate, stimulate, and satisfy the Defendant’s sexual desire, it is reasonable to view that the act of taking away the victim’s sexual desire with his/her hands over several times, objectively constitutes an act that causes a general and average person to feel sexual humiliation or aversion and goes against the good sexual moral sense, and thereby, constitutes an act that infringes upon the victim’s sexual freedom.

As such, “indecent act” as referred to in the crime of indecent act by compulsion.