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

At around 19:10 on May 30, 2015, the Defendant committed an indecent act by force against the victim by forced use of the victim’s maret while the victim’s maret on one occasion, in the latter part of the victim E (n, 18 years of age) who was guiding other customers at the “D” restaurant located in Yongsan-si C.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of CCTV closure photographs and CCTV CD-related Acts and subordinate statutes;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. 이수명령 성폭력범죄의 처벌 등에 관한 특례법 제16조 제2항 쟁점에 관한 판단 피고인 및 변호인은, 종업원인 피해자가 응대를 하지 않아 피고인이 피해자를 부르기 위해 가운데 손가락으로 피해자를 어느 신체 부위인지 모르겠지만 한 대 툭 쳤을 뿐이라고 주장한다.

The term “indecent act” means an act that objectively causes sexual humiliation or aversion to the general public and is contrary to good sexual moral sense, and thus infringing on the victim’s sexual freedom. Whether it constitutes such an act shall be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship between the offender and the victim prior to the occurrence of the act, circumstances leading to the act, specific form of act, objective situation surrounding the act, sexual moral sense in the age, etc. In addition, a subjective motive or purpose is not required to stimulate, arouse, and satisfy sexual humiliation as a subjective constituent element necessary for the establishment of the crime of indecent act by compulsion.

(see, e.g., Supreme Court Decision 2013Do5856, Sept. 26, 2013). According to each of the aforementioned evidence, the Defendant recognized the fact that he/she had met the victim as stated in its reasoning, and the Defendant’s act as such is an act for the purpose of causing a victim, as alleged in its reasoning.