The defendant shall be innocent.

1. 공소사실 피고인은 2015. 4. 29. 22:12경 부산 해운대구 C에 있는 ‘D’ 여관에서 피해자 E(여, 36세)의 숙박료를 대신 지불하고 위 여관 607호 앞에 이르러 “돌아가 달라”는 피해자의 요구를 무시하고 먼저 위 객실로 들어가 현관 앞에 서있는 피해자의 손목을 손으로 잡아당겨 피해자가 위 객실로 들어오도록 하고 위 객실의 문을 잠근 후 피해자가 위 객실을 나가려 하자 피해자의 팔을 잡아당겨 나가지 못하게 하였고, 피해자에게 “네가 마음에 있다. 너도 여기 괜히 온 것 아니지 않느냐.”라고 말하고 피해자의 손목을 잡아당겨 피고인이 앉아있는 침대 옆자리에 앉히려고 하는 등 피해자를 강제로 추행하였다.

2. The term "indecent act" means an act which causes a sense of sexual humiliation or aversion to the general public and is contrary to good sexual morality, and thus infringes on the victim's sexual freedom, and the determination of whether an act constitutes an act shall be made carefully taking into comprehensive account the victim's intent, gender, age, relationship before the offender and the victim, circumstances leading to such act, specific manner of act, objective situation surrounding it, sexual morality, etc.

(See Supreme Court Decisions 2001Do2417 Decided April 26, 2002, and 2014Do6416 Decided December 24, 2014, etc.). According to the records, the Defendant was aware of the victim as a female-child group before and after the Defendant. On the day of the instant case, the victim appeared to have received KRW 200,000,000 from the Defendant in advance and used it as an aviation ticket, etc. from the Seoul to Busan. The Defendant was able to take the victim who was neglected to go to Busan to the port of public service while going to the Busan, and was able to take the victim who was neglected to go to the port of public service, and was able to take the marine transport for about three hours, and the Defendant was also able to bear food expenses, and the Defendant was able to complete meals.