The defendant shall be innocent.

1. On November 11, 2017, the Defendant committed an indecent act, such as breaking the victim’s shoulder by hand, at the front point of the stage of the C festival event site in the Southern-gun B, Nam-gun, South, the Defendant committed an indecent act on the part of the victim D (Vs, 17 years old) waiting for food, etc.

2. In the crime of indecent act by force under Article 298 of the former Criminal Code, the term “compact” means an act that causes sexual humiliation or aversion to the general public and infringes on the victim’s sexual freedom, even though it does not require a subjective motive or objective to stimulate, arouse, and satisfy sexual desire as a subjective element necessary for its establishment.

In addition, the determination of whether an indecent act constitutes such an indecent act ought to be made with careful consideration, comprehensively taking into account the victim’s intent, gender, age, relationship prior to the perpetrator and the victim, background leading to the act, specific form of act, and objective circumstances surrounding the act, and sexual morality concept of the age (see, e.g., Supreme Court Decision 2016Do21231, Oct. 31, 2017). In light of the following circumstances, such as the circumstance leading up to the Defendant’s act known in the record, the specific form of act, and the surrounding circumstances at the time, the Defendant’s act appears to be an act of giving an unreasonable sense against D’s will, but it is difficult to deem that the Defendant’s act goes beyond that it constitutes an act going against the general and average person in an objective same situation, causing a sense of sexual humiliation or aversion, and thus infringing upon D’s sexual freedom.

(1) The defendant was about to kill food at a street store while returning to the venue of an event.

D Subsequent to D, trading was put up by hand.

D의 한쪽 어깨부분을 패딩 위로 꾹 눌러 잡았다.

② At the time, D, even though the Defendant was stimulated by being stimulated near one’s own aftermath, D’s body as a whole.