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

On July 27, 2018, at around 00:15, the Defendant committed an indecent act by force against the victim by inserting a name tag attached to the victim’s left hand on the upper left chest of the victim, on the ground that the name of the victim D (the 19-year old age), who is an employee of the above main shop working at the point of Busan Shipping Daegu B hotel, Busan, and on the ground that the name tag was worn out.

Summary of Evidence

1. Legal statement of witness D;

1. Each statement of E and F;

1. On-site CCTV image management data [the Defendant only frightened the victim's name tag and did not look at the chest, and even if he was frightened on the chest, the Defendant did not have the intent to commit an indecent act because he was frighten on the chest of the victim's chest in the process of confirming his name tag. The indecent act is objectively an act that causes sexual humiliation or aversion to the general public and goes against good sexual moral sense, and thus, constitutes an infringement on the victim's sexual freedom. Determination of whether it constitutes such an act should be made carefully by comprehensively taking into account the victim's intent, gender, age, relationship between the offender and the victim before the act, circumstances leading to the act, specific form of the act, and objective circumstances surrounding the act, and sexual morality at the time of the crime of indecent act. Moreover, it is not necessary to view that the Defendant continued to return his name on September 26, 2013 as subjective constituent elements necessary for the establishment of the crime of indecent act of indecent act (see, e.g., Supreme Court Decision 2005Da5365, etc.).