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The judgment below
The guilty part (including the part not guilty) is reversed, and this part of the case is in Seoul High Court.
Reasons
The grounds of appeal are examined.
1. In the crime of forced indecent conduct, indecent conduct means an act that causes sexual humiliation or aversion to the general public objectively and contrary to good sexual morality, which infringes on the victim’s sexual freedom.
The issue of whether a case constitutes this shall be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship before the perpetrator and the victim’s interest, the background leading to the act, specific form of act, objective situation surrounding the society, and the sexual morality concept of the times (see, e.g., Supreme Court Decision 2001Do2417, Apr. 26, 2002). 2. Review of the reasoning of the lower judgment and the duly admitted evidence reveals the following facts.
A. The Defendant received a photograph from the victims who became aware of smartphones through the smartphone caming cambling cambling, and the Defendant’s personal information and personal information that the victims came to know were known of the victims’ personal information and personal information of the victims, but distributed the previous personal information and personal information.
By means of intimidation the victims.
B. On May 3, 2015, the Defendant: (a) had the victim F, who was frighted by the Defendant’s intimidation, photographed his chest photograph, sexual picture, and chest, photographed the chest by themselves; and (b) received the photograph and video as such, as shown in the attached Table I (except No. 3) of the lower judgment, the Defendant sent the photograph and video as shown in the attached Table I of the crime record to seven times from the point of the above day to December 22, 2015; and (c) had the victim F, who was frighted by the Defendant’s intimidation, taken a bridge photograph, chest image, or a dynamic image, etc., written by inserting the bridge with the victim F, and transmitted it.
(c)
In addition, the defendant around April 2014 caused the victim D, who is frighten by the threat of the defendant, to face the company toilet.