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| TITLE | 【Syllabus of Latest Opinion】 Supreme Court Decision 2026Do2156 Decided July 9, 2026 【Damage of Property; Indecent Act by Compulsion】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 [1] Whether the crime of indecent act by compulsion includes the act of violence which, in and of itself, is recognized as an act of indecent act (affirmative) and the level of violence required to establish the crime The meaning of “indecent act” and the standards for determining whether a certain act constitutes an indecent act [2] In a case where: (a) the Defendant visited a caf? run by Party A (a 29-year-old female) as a customer and observed Party A drinking a cup of coffee; (b) the Defendant placed an order, and while Party A was preparing the drink, the Defendant secretly put his own semen, which he brought in a plastic container, into the cup that Party A was using, thereby making Party A unknowingly drunk coffee mixed with the Defendant A’s semen; and (c) in so doing, the Defendant was prosecuted on the charge of committing an indecent act by compulsion against Party A, the case holding that the Defendant’s act of secretly putting his own semen into Party A’s coffee cup and causing her to drink it constitutes the exercise of physical force committed against the will of Party A and an indecent act infringing upon Party A’s sexual freedom, and thus the lower court’s judgment, which determined otherwise, erred by misapprehending the relevant legal doctrine concerning violence in the crime of indecent act by compulsion | |
