The defendant shall be innocent.

1. Around September 15, 2018, the Defendant found that the victim C (the victim 26 years of age) around the front crosswalk of Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, had a male-gu and her scarbly divided the talks, and that he forced the victim to commit an indecent act, such as inserting his fingers between two persons, and taking one hand the chest of the victim.

2. Determination

A. “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 an act 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 prior to such act, circumstances leading to the act, specific form of act, objective situation surrounding the act, sexual morality, etc.

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

In full view of the statements of the victim, the police statement of the victim, and the victim's legal statement, it is recognized that the defendant's grandchildren contact the victim's chest at the time.

However, in light of the fact that some of the statements made by the victim in the investigative agency and this court shows somewhat exaggerated aspects, and that the specific contents are not consistent with the facts charged in this case, the evidence alone, which seems to correspond to the facts charged in this case, is difficult to recognize the facts charged in this case, and there is no other evidence to acknowledge

C. Furthermore, in full view of the following circumstances acknowledged by the evidence duly adopted and examined by this court, even if the victim obsessure due to the Defendant’s physical contact, it constitutes an indecent act that objectively causes sexual humiliation or aversion to the general public and goes against good sexual morality.

The defendant's act of promoting the body of this case with intent to commit an indecent act.