Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

The Defendant, at the time of his/her service as a public official of Grade IV local government (retirement at the retirement age of rank on December 31, 2017), committed an indecent act against the victim D, who is his/her subordinate employee, even if he/she commits an indecent act against the victim D, who is his/her subordinate employee, at the time of his/her service as a public official of Grade IV local government, by using his/her intention that the victim cannot resist

On December 15, 2016, the Defendant: “F” restaurant located in Osan-si E around 18:30 on December 15, 2016, issued the victim’s hand to the Defendant in order to attract the victim’s hand to the victim’s hand.

Accordingly, the defendant committed an indecent act by force on a person under his supervision due to his business relationship.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. Determination as to the defendant and defense counsel's assertion

1. The summary of the argument does not constitute an indecent act committed by the victim's grandchildren, but merely committed an attempted act by force on duty because the defendant's losses were not caused by the victim's losses, etc., and the crime was committed by force on duty. Since there is no provision punishing the crime, the crime is not committed against the defendant in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the act by force on duty, etc.).

2. Determination

A. In 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 indecent 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 manner leading to the act, objective situation surrounding the act, and the sexual moral sense of that time (see, e.g., Supreme Court Decisions 2001Do2417, Apr. 26, 2002; 2004Do52, Apr. 16, 2004).