The defendant shall be innocent.

1. Around 02:00 on October 3, 2012, the Defendant: (a) committed an indecent act by force against the victim by forcing the victim to aground, i.e., leading the victim E (n, 21 years of age) in front of D in Dongjak-gu Seoul Metropolitan Government; and (b) leading the victim E (n, 21 years of age).

2. Article 298 of the Criminal Act provides that “A person who, through violence or intimidation, commits an indecent act on another person” shall be punished as an indecent act by force.

However, the crime of indecent act by compulsion is a crime that infringes on the individual’s legal interest, namely, the individual’s freedom of sexual liberty. “Indecent act” under the above provision refers to an act that objectively causes sexual humiliation or aversion to the general public and infringes on the victim’s sexual freedom. Whether it constitutes such act ought to be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship between the offender and the victim, circumstances leading to the act, specific form of act, objective situation in the surrounding area, and the sexual moral sense of the age.

With respect to the instant case, the facts that the Defendant committed an act aground against the shoulder of the victim at the time and place specified in the facts charged are recognized by the legal statements of the Defendant and the victim.

However, as to whether the above act of the defendant constitutes “indecent act” under the Criminal Act, the following circumstances are acknowledged by the Health Team and the evidence adopted and examined by this court, namely, ① the time during which the case occurred, but the location was bleeped and did not go around. ② The victim was 21 years old and female, ② the victim was 21 years old and her male-child group, and talked with the victim’s male-child group, ③ the Defendant discovered the victim while flying the street under the influence of alcohol, ④ the Defendant was aground for the shoulder of the victim’s first see, but at the time, the Defendant was able to take charge of the shoulder of the victim, or was able to attract or become aware of the victim.