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【Main Issues and Holdings】
[1] Previous stance held by the Supreme Court towards the meaning of “violence or intimidation” in the crime of indecent act by compulsion and need for the revision thereof
Whether “violence or intimidation” in the crime of indecent act by compulsion should be considered as referring to either an unlawful exertion of physical force on another person’s body―violence―or warning another person of harm to the point of causing him or her to be frightened―intimidation―in general sense (affirmative) and standards for determining which behavior falls under the meaning of violence and intimidation
[2] In the case where the Defendant was indicted on the preliminary charge of violating the Act on Special Cases Concerning the Punishment of Sexual Crimes (Indecent Act by Compulsion through Abuse of Consanguineous or Marital Relationship), which consists of holding Victim A, a 15-year-old female, who was a fourth-degree relative of the Defendant, in his arms in the room of the Defendant’s dwelling while he was helping her do homework, knocking her down the bed, and touching her breasts, the case holding that the Defendant’s conduct at the material time can be seen in many ways as an indecent act by compulsion against Victim A by an illegal use of physical force on her body, and that the lower court, which ruled otherwise and concluded that the Defendant’s conduct did not reach the threshold of violence and intimidation to the point of making Victim A’s resistance difficult, erred by misapprehending the relevant legal doctrines in its acquittal of the Defendant on the said charge
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