[1] Requirements for establishing a crime of indecent act by compulsion by minors under Article 305 of the Criminal Code

[2] The case affirming the judgment of the court below that the act of a teacher in the fourth-year attending an elementary school's sexual intercourse with another student's sexual organ in a classroom constitutes an "indecent act" as referred to in the crime of indecent act by compulsion of minors

[1] The crime of indecent act by compulsion by a minor under Article 305 of the Criminal Code is under the legal interest of “the right and interest of a child under the age of 13 to form sexual identity and values without any psychological disorder in the absence of an inappropriate sexual stimulation or physical force from outside.” The subjective elements necessary for such establishment are sufficient only by intention, and there is no subjective motive or purpose to stimulate, promote, and satisfy sexual desire.

[2] The case affirming the judgment of the court below that the act of a teacher in the fourth-year attending an elementary school's sexual intercourse with another student's sexual organ in a classroom constitutes an "indecent act" as referred to in the crime of indecent act by compulsion of minors

[1] Article 305 of the Criminal Code / [2] Article 305 of the Criminal Code

Defendant

Defendant

Attorney Park Sang-hoon

Seoul Central District Court Decision 2005No2022 Delivered on August 30, 2005

The appeal is dismissed.

The appeal is dismissed.

Article 305 of the Criminal Act provides for the benefit and protection of the right to form sexual identity and values without psychological disorder to a child under 13 years of age without any improper sexual stimulation or exercise of physical influence. The subjective constituent elements necessary for the establishment thereof are sufficient only by intention, and there is no subjective motive or objective to stimulate, promote, and satisfy sexual desire.

The court below determined that the defendant, who is an elementary school-class teacher, committed an indecent act under Article 305 of the Criminal Act in light of the above legal principles or the records of this case, was justified, and that the defendant's act was committed four times in the classroom, and that the defendant's act was derived from educational intent, but it cannot be deemed that the education method has an appropriate educational method, and thereby adversely affected the psychological growth and the formation of sexual identity of the victim who was mentally and physically unsatisfy, and that it does not correspond to the present social environment, sexual value standards and morality concept. The court below's findings of fact and judgment of the court below are justified in light of the above legal principles or the records of this case, and there is no error of law by misconceptioning the facts against the rules of evidence or by misunderstanding the legal principles as to the requirements for establishment of an intentional indecent act by force, which affected the conclusion of the judgment.

Therefore, the appeal is dismissed. It is so decided as per Disposition.

Justices Kim Hwang-sik (Presiding Justice)