The defendant shall be innocent.

1. On October 22, 2014, the Defendant, at around 01:07, was seated in the front seat of the victim F (n, 25) by boarding the cross-city bus No. 5, which was operated in the bus stops of the Seoul Metropolitan Government D Station, from the bus stops.

At around 01:11 on the same day, the Defendant: (a) had a mind to force the victim to commit an indecent act by force; (b) asked the victim's body to return his body to her body; and (c) held the victim's right knee two times; and (d) made an indecent act by force by force the victim by turning the victim's body back to her body and returning the victim's body to her body.

2. 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 expression. “Indecent act” under the above legal provisions is insufficient solely for the general public to have a sense of sexual humiliation or aversion and contrary to good sexual morality, and thus, it infringes on the victim’s freedom of sexual self

(Supreme Court Decision 201Do8805 Decided July 26, 2012). Determination as to whether an indecent act constitutes “indecent act” ought to be made with careful consideration of the victim’s intent, gender, age, relationship between the offender and the victim prior to such act, circumstances leading to the act, specific form of act, objective situation surrounding the act, and the sexual moral sense of the age, etc.

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

In full view of the evidence returned to the instant case, the following facts or circumstances are recognized.

1) While the Defendant had a sense about F before the instant case, he had been sittinged in F’s front seat in the bus No. E at the time of the instant case, but F did not come up with F but did not go up to her own, and he got up twice knenee and shouldered twice to attract F’s attention. 2) At this court, F got off the Defendant’s kne and shoulder that at the time of the instant case, the Defendant knee and shouldered by hand.

the area of the loss rather than the amount of the loss.