A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person with a disability of grade 1 with hearing disability, and the victim C (V, 32 years old) is a person with a disability of grade 1 with brain-disease.

On September 14:20 on September 3, 2016, the Defendant discovered a victim who was seated in a wheel chairs of the electric wheeler in Gangseo-gu Seoul Metropolitan Government, and was rejected. However, the Defendant used the electric wheeler to drive the electric wheeler, thereby making the victim's right chest one time and forced the victim to commit an indecent act on his own with physical or mental disability.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Voluntary accompanying report;

1. Reports on internal investigation (related to the verification of the scene of occurrence and the verification of whether CCTV is installed);

1. Stenographic records, written consent for video recording, the original written opinion analyzing the statements of sexual assault against children and persons with disabilities, and a statement assistant report;

1. C’s statement recorded in the statement recorded in the statement recorded [the defendant and his defense counsel] was found to have no intention to commit an indecent act because the defendant committed an indecent act on his chest while intending to injure the victim’s shoulder while leaving the victim with his/her mind.

The argument is asserted.

An indecent act means an act that causes a sense of sexual humiliation or aversion to the general public and is contrary to good sexual morality, and thus infringing on the victim’s sexual freedom. Whether it is so determined ought to be prudently determined by comprehensively taking into account the victim’s intent, gender, age, relationship between the offender 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 sexual moral sense in the age (see Supreme Court Decisions 2001Do2417, Apr. 26, 2002; 2015Do6980, 2015Mo2524, Sept. 10, 2015). Moreover, a subjective motive or purpose is not required to stimulate sexual humiliation as a subjective element necessary for the establishment of the crime of indecent act (see Supreme Court Decision 2013Do968, Sep. 26, 2013).