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Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
Reasons
1. Summary of grounds for appeal;
A. As to the Defendant’s case, the Defendant and the person requesting an attachment order (hereinafter “Defendant”) stated in the facts charged in the misapprehension of the legal doctrine are merely an indecent act in the public concentrated place under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and do not constitute an indecent act under the Criminal Act.
Therefore, the judgment of the court below which found the defendant guilty of indecent act by applying Article 298 of the Criminal Act instead of Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.
2) The punishment sentenced by the lower court to the Defendant (two years of imprisonment) is too unreasonable.
3) It is unreasonable for the lower court to order an unfair disclosure disclosure order to disclose information to the Defendant for a period of three years.
B. It is unreasonable that the court below ordered the defendant to attach an electronic tracking device for three years with respect to the case of applying for an attachment order, and imposed the obligation.
2. Determination
A. Determination as to the assertion of misapprehension of the legal doctrine) The crime of indecent act by force includes not only cases where the other party commits an indecent act after making it difficult to resist by assault or intimidation against the other party, but also cases where the body of the person of assault is recognized as an indecent act. In such a case, assault is not necessarily necessary to suppress the other party’s intent. The following acts are objectively acts that cause sexual humiliation or aversion to the general public and are contrary to good sexual morality sense and thus infringing on the victim’s sexual freedom (see, e.g., Supreme Court Decisions 2001Do2417, Apr. 26, 2002; 2015Do6980, Sept. 10, 2015). Article 11 of the Act on Special Cases concerning the Punishment of Sexual Crimes, Protection of Victims thereof, etc. shall be punished by imprisonment with prison labor for not more than one year or by a fine not exceeding three million won.