All
| TITLE | Supreme Court Decision 2015Do6980, 2015Mo2524 Decided September 10, 2015 [Violation of Act on the Protection of Children and Juveniles against Sexual Abuse, Breaking and Entering, Probation Order, Etc.] [full Text] |
|---|---|
| Summary | |
|
[1] The form and degree of “assault” and meaning and determination of “indecent act” regarding the crime of indecent act by force / Where the act of assault with the intent to commit an indecent act does not lead to actual commission of indecent act, whether the crime of attempted indecent act by force is established (affirmative), and whether such legal principle applies in cases of “indecent act by surprise” where the act of assault in itself is acknowledged as an indecent act (affirmative) [2] Where the Defendant was charged of violating the Act on the Protection of Children and Juveniles against Sexual Abuse when, after drinking alone and roaming the street at night, the Defendant saw a 17-year-old girl (“Victim”) getting off the bus and walking alone, followed her while wearing a mask, and tried to hug her from behind upon nearing a desolate place, but when the Victim turned around and yelled, the Defendant stood still and stared for a few seconds before heading back, the case holding that the Defendant’s act constitutes a crime of attempted indecent act by force pursuant to the Act on the Protection of Children and Juveniles against Sexual Abuse |
|
