Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On June 29, 2013, the Defendant, around 05:50, 050, placed in Busan, Seodong-dong, Busan, by reporting the victim C (n, 23 years of age) before the end of the packages in the vicinity of the department store, making the victim take a bath, etc., and committed an indecent act by force on the victim’s left chest on one occasion on the front side of the E-road where the victim followed D.

Summary of Evidence

1. Each legal statement of witness C and F;

1. Application of each police protocol of statement to C and F

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Judgment on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion is that the defendant forcedly commits an indecent act against the victim as stated in the facts constituting the crime.

2. “Indecent act” means an act that causes a sense of sexual humiliation or aversion to the general public and is contrary to good sexual morality, and thus infringing on the victim’s sexual freedom, and the determination should be made carefully by comprehensively taking into account the victim’s intent, gender, age, relationship between the offender and the victim prior to the occurrence, circumstances leading to the act, specific form of conduct, and the objective situation surrounding the act, and the sexual moral sense of that time.

In addition, there is no subjective motive or purpose to stimulate sexual desire as a subjective element necessary for the establishment of the crime of indecent act by compulsion.

(See Supreme Court Decision 2013Do5856 Decided September 26, 2013). In the instant case, the Health Center and the following circumstances acknowledged by the evidence duly admitted by this court, namely, the victim-friendly job offering F, in the police investigation process and this court, had the Defendant treated himself/herself and the victim, and the victim’s studio.