beta
Text
All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of facts in the judgment of the court below: (a) although there was a fact that the Defendant committed an act under paragraph (1) of the crime in the judgment of the court below, it was intended to inform the victim of the method of rhythm when singing, and there was no intention to commit an indecent act. (b) Although there was a fact that the Defendant 2 of the crime in the judgment of the court below was seated with knee in the victim, since the external nature of the victim was changed after the victim's singing practice, it was merely an expression of friendship with the victim; (c) there was no intention to commit an indecent act; (d) there was no intention to commit an indecent act; and (e) there was no fact that the victim's hand, etc. was under the influence of alcohol, or that the victim was her her tumb.
B. The lower court’s sentencing against the Defendant by the Prosecutor is too unfortunate and unreasonable.
2. Determination
A. The crime of indecent act by force against the Defendant’s assertion of mistake of facts includes not only the case where the other party commits an indecent act after making it difficult to resist by means of assault or intimidation, but also the case where the act of assault itself is deemed an indecent act. In this case, insofar as the assault does not necessarily require the degree of suppressing the other party’s intention and the exercise of force against the other party’s will is exercised, the force is regardless of its power’s exaggeration.
In addition, an indecent act in this context means an act that causes a sense of sexual humiliation or aversion to the general public and is contrary to good sexual moral sense, and thus, it constitutes an infringement on the victim’s sexual freedom. The issue should be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship before the offender and the victim, circumstances leading to such an act, specific circumstances leading to such act, the surrounding objective situation, and the sexual moral sense in the era.
In addition, the crime of indecent act by compulsion is established.