The defendant shall be innocent.

1. The Defendant, around May 4, 2016, at the Guro-gu Seoul Metropolitan Government D apartment management office around 21:10, in order to cause E to feel a sense of shame in connection with the apartment complex management contract, while the dispute occurred with E (the age of 65) in relation to the apartment complex management office, the Defendant was holding the right chest part of E as the floor of hand.

Accordingly, the defendant committed indecent acts by compulsion of E.

2. The Defendant and his/her defense counsel’s assertion E in the course of a dispute between the Defendant and the Defendant, which caused a defect in the appearance near the Defendant’s snow several times, and the Defendant, in order to prevent an article from posing a threat, are out of the hand to the upper part of the Defendant’s chest, and it cannot be deemed that the Defendant had an intention to force force by force.

3. Determination

A. The crime of indecent act by compulsion under Article 298 of the Criminal Act is a crime that infringes on the individual’s legal interest, namely, the individual’s freedom of sexual life. “Indecent act” under the above legal provisions is objectively an act that causes sexual humiliation or aversion to the general public and is contrary to good sexual moral sense, and thus infringes on the victim’s sexual freedom. Whether it constitutes such an act ought to be determined after careful consideration of the victim’s intent, gender, age, relationship between the perpetrator and the victim prior to the act, circumstances leading to the act, specific form of act, and the surrounding objective situation and sexual morality

In addition, the subjective constituent elements necessary for the establishment of the crime of indecent act by compulsion are sufficient only by intention, and there is no subjective motive or purpose to stimulate sexual desire.

(See Supreme Court Decision 2013Do5856 Decided September 26, 2013). B.

According to the evidence duly adopted and examined by this Court, the following facts are recognized.

1) The Defendant is the auditor of the Guro-gu Seoul Metropolitan Council of Residents' Representatives, and E is the resident of the above apartment. 2) At the time of the instant case, the above representative of the apartment house holds a council of occupants' representatives and apartments.