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

The defendant is a person who serves in the same workplace as a victim B (a family name, a female, 48 years of age).

At around 15:00 on February 2, 2018, the Defendant committed an indecent act by force against the victim on a total of six occasions, as shown in the list of crimes, from May 3, 2018 to 13:00 on May 3, 2018.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on witness B’s statutory statement;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under the main sentence of Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. The Defendant did not have committed each act as indicated in the judgment against the victim, or even if so, there was no intention of indecent act by compulsion at the time of each act.

2. Relevant legal principles

A. “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 it constitutes an act ought to be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship between the offender and the victim prior to such act, circumstances leading to the act, specific form of act, objective situation surrounding the act, sexual morality, etc.

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

(Supreme Court Decision 2013Do5856 Decided September 26, 2013). B.

The crime of indecent act by compulsion shall be committed after the other party makes it difficult to resist by resorting to violence or intimidation.