Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

The defendant is a taxi engineer operating B taxi vehicles, and the victim C (V, 29 years old) is a passenger of the above taxi.

around 02:40 on October 15, 2018, the Defendant committed an indecent act by force on the part of the victim's buckbucks that he was seated at the head of Yongsan-gu Seoul Metropolitan Government.

Summary of Evidence

1. C’s legal statement;

1. Each investigation report (verification of the details of 112 declarations and attaching a taxi boom);

1. Determination as to the assertion of the defendant and his/her defense counsel

1. 주장 피고인 및 변호인은 ‘피고인이 사건 당시 피해자와의 의사소통이 원활하지 않던 상황에서 피해자에게 목적지를 정확하게 물어보기 위한 목적에서 피해자의 좌측 무릎을 툭 친 것에 불과하므로, 강제추행의 고의가 없다.’고 주장한다.

2. Determination

A. In an indecent act means an act that objectively causes a sense of sexual humiliation or aversion to the general public and is contrary to good sexual morality, and thus, it constitutes an infringement on the victim’s sexual freedom. Whether it constitutes such an act is determined by comprehensively taking into account the victim’s intent, gender, age, relationship before the offender and the victim, circumstances leading to the act, specific form of act, and the objective situation surrounding the act, and the sexual moral sense in that time (see, e.g., Supreme Court Decision 2001Do2417, Apr. 26, 2002).

The following circumstances revealed by the evidence duly adopted and investigated by this court, namely, ① the Defendant was seated in the driver’s seat at the time of the instant case and the victim was exposed to the front bucks, and thereafter the Defendant was able to take the hand on the bucks (the victim is present as a witness and made a clearly statement that the part of the indecent act was bucks). ② The part of the indecent act is the buckbucks that are sensitive to the outcome of the indecent act, and that the buckbucks of female passengers were asked accurately at the destination.