beta
Text
The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (fact-finding) is that the Defendant: (a) tried the victim (at the age of 18), who was ordered at a restaurant, to see his/her mar, etc., with his/her mar marking, and (b) did not intend to commit an indecent act by force against the victim (at the age of 18).
2. Determination
A. “Indecent act” means an act that causes a sense of sexual humiliation or aversion to the public objectively and contrary to good sexual morality, which infringes on the victim’s sexual freedom. Whether an act constitutes an act ought to be determined 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 and the sexual morality concept.
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 Decided September 26, 2013, etc.). B.
The following circumstances recognized by the court below based on the evidence duly adopted and investigated by the court below are recognized.
1) At the time of the instant case, the victim was a high school student, who received orders from customers at the instant restaurant at the time of the instant case. At the same time, the victim received orders from the Defendant who was in the instant restaurant at the time of the instant case. However, the victim received orders from the Defendant at the time of the instant restaurant. (2) At the time of the instant case, the victim was kneeing and kneeing from the Defendant at the right side of the Defendant, and the Defendant received orders from the Defendant. The Defendant stated that “I, I, I, I, I, I, kneeing, I, I, kneing the victim’s left side by her hand, and stated that I, “I, I, I, I, kneeing, I, I, kneing I,” and again ordered an additional drinking, that the victim’s her