Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The Defendant, in the Gangnam-gu Seoul Metropolitan Government 11th floor, was the employees of real estate fund companies and victims D (the age of 27) in the joint office space management company, taking charge of the reservation of the conference room, social network marketing, etc. as employees of the joint office space management company.

On July 4, 2019, the Defendant, at around 13:10, committed an indecent act by force against the victim, following the victim, etc., who was living in the “C” resting space, committed an indecent act by force.

Summary of Evidence

1. Partial statement of the defendant (a statement to the effect that the physical part of the defendant's body is written in consideration);

1. Legal statement of witness D;

1. As a result of the verification of CCTV (the defendant and the victim argued to the effect that the indecent act does not constitute an indecent act in light of the circumstances leading up to the instant case, specific form of act, and objective situation, etc., in the process of expressing her flock in the same space. “Indecent act” means an act that causes sexual humiliation or aversion to the general public and is contrary to good sexual morality, and thus infringes on the victim’s sexual freedom. The determination of whether it constitutes such act ought to be made carefully by comprehensively taking into account the victim’s intent, gender, age, relationship between the perpetrator and the victim before the act, circumstances leading up to the act, specific form of act, objective situation, and the concept of sexual morality at the time. Moreover, the subjective motive or purpose is not required to stimulate, cultivate, and satisfy sexual desire as a subjective element necessary for the establishment of the crime of indecent act by compulsion. In light of the legal principles as seen above, the defendant is not required to use the common area in the instant case as a small-scale method (see, e.g., Supreme Court Decision 2013Do586).