The defendant shall be innocent.

1. On May 30, 2013, the summary of the facts charged: (a) the Defendant: (b) committed an indecent act by coercioning the victim D (I, 17 years old) who was seated in the opposite seat window of the Defendant, following the passage of a road on an express bus called the deep-speed bus, which is a primary-speed bus in Chuncheon-si bus, at the Chuncheon-si bus terminal on May 14:0, 2013; and (c) committed an indecent act by forcing the victim by threatening the victim by taking advantage of the victim’s resistance, such as cutting down the victim’s sexual organ, and cutting down it for thirty minutes; and (d) by forcing the victim to commit an indecent act.

2. Determination

A. Article 298 of the Criminal Act provides that “A person who, through violence or intimidation, commits an indecent act on another person shall be punished as an indecent act by force.”

However, the crime of indecent act by compulsion is a crime infringing the individual’s legal interest, which is an individual’s freedom of sexual liberty, and the phrase “indecent act” under the above legal provisions is insufficient solely for the fact that it causes a sense of sexual shame or aversion to the general public and goes against good sexual morality, and thus, it infringes on the victim’

Therefore, it cannot necessarily be said that the crime of obscenity stipulated in Article 245 of the Criminal Act (or an act stipulated in Article 1 subparagraph 41 of the so-called Punishment of Minor Offenses Act with respect to excessive exposure) with a purpose to protect a sound social legal interest, such as sexual morals, was committed against a specific person, and above all, the act of the issue must be deemed as infringing on the victim’s sexual freedom.

In addition, the issue of whether it is a case shall be determined by comprehensively taking into account the victim's intention, gender, age, relationship between the offender and the victim, circumstances leading to the act, specific form of act, and objective situation around it.

(see, e.g., Supreme Court Decisions 2009Do13716, Feb. 25, 2010; 201Do8805, Jul. 26, 2012). In addition, the crime of indecent act by compulsion is an assault.