The defendant shall be innocent.

1. The summary of the facts charged is that the Defendant: (a) while driving a taxi on August 16, 2017 at around 02:55, the Defendant: (b) laid the victim E (n, 19 years of age) who is a guest on the front side of Kimhae-si and was running to the same Dong Dong Dong Dong Dong-dong; (c) left the taxi in front of the near F convenience store by getting the victim interested in the shares; and (d) left the taxi in front of the near F convenience store.

The Defendant stated that “the victim becomes a pet,” and used the victim’s buckbucks and head for once, and committed an indecent act by deceiving the victim’s chest.

2. The crime of indecent act by force includes not only the case where the other party commits an indecent act after making it difficult to resist by means of assault or intimidation but also the case where the body of the person who commits the indecent act is regarded as an indecent act. In this case, as long as the assault in this case does not necessarily require the degree of suppressing the other party’s intention and the exercise of force against the other party’s will, it does not necessarily mean that the assault in question is against the other party’s will.

An 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, it constitutes an infringement 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 before the actor and the victim, circumstances leading to such act, specific circumstances leading to such act, the surrounding objective situation, and the sexual moral sense of that time (see, e.g., Supreme Court Decisions 2001Do2417, Apr. 26, 2002; 2015Do6980, 2015Mo2524, Sept. 10, 2015). In this case, the case was examined. At the time of the instant case, the Defendant was a mixed female under 37 years of age, and the male victim was a female under 19 years of age, and the circumstances of this case should have been taken into consideration only when the Defendant first placed a victim as a taxi on the day of the instant case.