Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant is a person operating the "D Party Head" in Songpa-gu Seoul Metropolitan Government, and the victim E (n, 18 years old) is a university student, who is a part-time student in the above party-gu area.

At around 20:30 on August 18, 2014, the Defendant, at the above-gu room, had a flock and talk, and had a flock of the victim who was seated in a party room one time against his will.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. A written statement;

1. Application of statutes to CCTV image data at the site of the case;

1. Relevant Article of the Criminal Act, Article 298 of the Criminal Act, the choice of a fine (the defendant does not have the same criminal records for the defendant, and the degree of indecent act in the judgment is considered not to be relatively heavy and so a fine shall be selected);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The defendant and his defense counsel on the assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the provisional payment order asserted that the defendant's act identical to the above crime was merely an intention to put the defendant at the seat and did not have an intention to commit an indecent act.

The term “indecent act”, “indecent act,” means an act objectively causing sexual humiliation or aversion to the general public and contrary to good sexual moral sense, which infringes on the victim’s sexual freedom, and whether it is so determined ought to be carefully determined by comprehensively taking into account the victim’s intent, gender, age, relationship before the offender and the victim, circumstances leading to the act, specific form of act, and the surrounding objective situation and the sexual moral sense of that age.

In addition, there is a 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.