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The defendant shall be innocent.
Reasons
1. On November 5, 2018, the Defendant: (a) around 14:15, 2018, at a private teaching institute located on the fourth floor in the elevator in Dongjak-gu Seoul Metropolitan Government, the Defendant: (b) reported the victim C (a person, leisure, and 7 years old) boarding the elevator along with the family-friendly zone; and (c) took the back and back parts of the victim by hand, and took the victim’s head on his/her hand.
Accordingly, the defendant committed an indecent act by force against a minor victim under the age of 13.
2. The gist of the defendant's and his defense counsel's assertion is that the victim's back and back part of the victim's back and back part of the victim should not be concealed, and the defendant's act committed against the victim does not constitute "indecent act", and there was no "indecent act" committed against the defendant.
3. Jurors' verdict - Opinions of not guilty: Four jurors - Three jurors.
4. Determination
A. In light of the relevant legal principles, an indecent act that causes sexual humiliation or aversion to the general public and is objectively contrary to good sexual morality, and thus, constitutes an infringement on the victim’s sexual freedom. Whether an indecent act constitutes such an act should be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship between the perpetrator and the victim prior to the occurrence of the act, circumstances leading to the act, specific form of the act, objective situation surrounding the act, and the sexual moral sense of that time.
(See Supreme Court Decision 2013Do5856 Decided September 26, 2013, etc.). B.
1) According to the CCTV images recorded at the time of the instant case, whether the Defendant was aware of the victim’s back timber and back part by two descendants, and whether the Defendant was aware of the victim’s back timber and back part. The victim’s left hand in the elevator is reported, and the part between the victim’s back timber and the back water is included in the above part, and the victim’s head head fell in the victim’s life.