TITLE	[Violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof (Rape, etc. against minors less than ....]Supreme Court Decision 2009Do2576 Decided September 24, 2009 [full Text]
Summary
[1] Whether the crime of disgraceful conduct against minors under thirteen years of age provided by Article 8-2 (5) of Act on the Punishment of Sexual Crimes and Protection of Victims thereof requires an offender's ""subjective motive or purpose to stimulate, stir up, and satisfy his sexual desires"" as a subjective element of such crime (negative), and a method of determining whether an act falls within the category of ""disgraceful conduct"" [2] The case holding that an act that an elementary school teacher puts his hand into the clothes of students who come to undergo their health examination and touches some parts of their body such as stomach and breast, etc., constitutes ""disgraceful conduct"" as stipulated in Article 8-2 (5) of Act on the Punishment of Sexual Crimes and Protection of Victims thereof

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