The defendant is innocent. The summary of this judgment shall be notified publicly.

1. On May 25, 2018, the Defendant: (a) committed an indecent act by force against the victim’s OO (n, 10 years of age) playing in a river located in Gyeonggi-do, on May 25, 2018; (b) Dambbbbbs, the victim, etc. were used as his/her hand; and (c) continued to put the victim’s right-hand buckbucks, which were 13 years of age into hand.

2. Determination

A. In the relevant legal doctrine’s crime of indecent act by compulsion, “Indecent act” means an act objectively causing sexual humiliation or aversion to the general public and contrary to good sexual morality, which infringes on the victim’s sexual freedom.

Whether this is applicable shall be determined carefully by comprehensively taking into account the intent of the victim, gender, age, relationship before the offender and the victim, circumstances leading to the act, specific form of act, objective situation surrounding the act, sexual morality concept of the times, etc.

(See Supreme Court Decisions 2001Do2417 Decided April 26, 2002 and Supreme Court Decision 2016Do17733 Decided February 8, 2018, etc. (see, e.g., Supreme Court Decisions 2001Do2417, Apr. 26,

In full view of the following facts and circumstances that can be recognized by the court’s duly adopted and investigated evidence, it is difficult to view the Defendant’s above act as “indecent act” as “indecent act” in the crime of indecent act, and there is no evidence to acknowledge the fact that it is an indecent act.

1) In the instant river, in addition to the victim, the victim’s father, other female son, and two male son were running water play together. The Defendant left the instant river to her father to her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her