Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

1. Summary of grounds for appeal;

A. The crime of obscenity, which is not a crime of indecent act by assault or intimidation or a crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, should be applied to the crime of 1.B, D, E, and 2. B of the judgment of the court below on the erroneous determination of the facts.

B. The sentence imposed by the lower court on the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”) is too heavy, and the period of attachment of an electronic device is too prolonged and is thus unreasonable.

2. Determination

A. 1) Determination of the assertion of mistake of facts is based on the following: (a) an indecent act by force includes not only cases where the other party commits an indecent act after making it difficult to resist by means of assault or intimidation, but also cases where the act of assault itself is deemed an indecent act; and (b) in such a case, an indecent act does not necessarily require that it is sufficient to suppress the other party’s intent, and so long as there is the exercise of tangible force against the other party’s will, regardless of its force, it shall be deemed that the indecent act objectively causes sexual humiliation or aversion to the general public and infringes on the victim’s sexual freedom. Whether it constitutes such an act shall be determined carefully by taking into account the victim’s intent, gender, age, relationship before the offender and the victim; (c) developments leading to such act; (d) how the act was committed; and (d) the objective situation at the time of such act; and (e) the act of assault and assault in this context constitutes an act of assault and bodily injury to the victim (see, e.g., Supreme Court Decision 2019Do16).