Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On November 22, 2014, the Defendant: (a) around 16:28, 2014, at the Eanpo-si, the Eanpo-si, Yansan-si, the Defendant: (b) at the Eanpo-si, Yan-si; (c) the Annpo-si, the Annpo-si, the Annpo-si, the Annpo-si, the safety of the Defendant’s purchase to the victim F (the 60-year-old) who is another customer; (d) the victim wears the Annpo-si, and shows the Defendant, thereby making up the victim’s left hand for the right head of the victim’s right head; and (e) subsequently, the victim’s

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. A protocol concerning the suspect examination of the accused;

1. Statement of each police statement related to F and G;

1. A complaint;

1. Determination as to the Defendant’s assertion of the investigative report (CCTV accompanying images)

1. 주장 요지 피고인은 왼손으로 피해자의 엉덩이 부위를 툭 친 사실은 있으나, 이는 추행에 이르지 않는 행위거나 추행의사 없이 한 것이므로 추행의 고의가 없었다.

2. “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, and the determination should be made carefully by comprehensively taking into account the victim’s intent, gender, age, relationship between the offender and the victim prior to the occurrence, circumstances leading to the act, specific form of conduct, and the objective situation surrounding the act, and the sexual moral sense of that time.

In addition, there is no subjective motive or purpose to stimulate, stimulate, and satisfy sexual desire as a subjective element necessary for the establishment of the crime of indecent act by compulsion.

(see, e.g., Supreme Court Decision 2013Do5856, Sept. 26, 2013). We examine the instant case in light of the foregoing legal doctrine.

After recognizing the aforementioned evidence, the Defendant’s act would be sexually expressed even if it were based on the following facts and circumstances.