The defendant's appeal is dismissed.

Summary of Grounds for Appeal

As the Defendant is 65 years of age, the Defendant deemed that, while being engaged in volunteer activities by school guards, only five students, other than the victim, etc., are observed by them, and among them, the victim said that “I am kn, kn, and kn, I am Sn, I am Sn, I am Sn, I am Sn., I am only out of the clothes of the victim’s sexual organ.”

Therefore, the defendant's act not only does not constitute an indecent act but also does not violate social rules.

Judgment

The crime of indecent act against a minor under the age of 13 under Article 7(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is a legal interest protected by the rights and interests of “the rights and interests to form sexual identity and values without any psychological disability where a child under the age of 13 is not an inappropriate sexual stimulation or physical force from outside.” Thus, there is no subjective motive or purpose to stimulate, stimulate, and satisfy sexual desire as a subjective element necessary for the establishment thereof.

In the above crime, the term "indecent act" means an act that objectively causes a general or average person in the same place as the other party to feel a sense of sexual humiliation or aversion and violates good sexual morality, and thus infringes on the victim's sexual freedom. Whether it constitutes such an act shall be determined after careful consideration of 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 moral sense of the age.

(see, e.g., Supreme Court Decision 2009Do2576, Sept. 24, 2009). Based on the legal principles as seen earlier, the following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, the victim is only six years of age.