Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

피고인은 2018. 11. 17. 06:54경 인천 남동구 B에 있는 ‘C 찜질방’에서 손님들이 공용으로 사용하는 바닥에 누워 잠을 자고 있던 피해자 D(가명, 여, 26세)에게 다가가 피해자의 얼굴에 입을 맞추고, 피해자의 귓속으로 바람을 불어넣으며 피해자의 머리카락, 얼굴 등에 침을 뱉었다.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's non-performance situation.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement made by witnesses D;

1. Each police statement made to D;

1. The 112 Report Processing List of the 112 Report Cases (hereinafter “Indecent Act”) (hereinafter “Indecent Act”) is objectively 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 it is so determined ought to be carefully determined by comprehensively taking into account the victim’s intent, gender, age, relationship before the offender and the victim, circumstances leading to the act, details leading to the act, specific form of act, objective situation surrounding the society, sexual morality, etc. Furthermore, it does not require any subjective motive or objective to stimulate, stimulate, and satisfy sexual desire as a subjective element necessary for the establishment of the crime of quasi-indecent act by compulsion (see Supreme Court Decision 2013Do5856, Sept. 26, 2013). According to evidence duly adopted and investigated by this court, the fact that the Defendant committed the act as described in the facts charged is sufficiently recognized, and in light of the aforementioned legal doctrine, the Defendant and the defense counsel’s assertion constitutes “indecent act” of quasi

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. An order to restrict employment;