Hello. I am attorney Lee Kyung-jun of Cheongchul Law Firm.

In indecent assault cases, the first question clients ask is usually the same: "I never actually touched the person, so how can this be indecent assault?" They assume that only the typical scene of grabbing or embracing another person's body counts as indecent assault (강제추행).

But the "assault (폭행)" referred to in the crime of indecent assault is not that narrow. The Supreme Court recently held that secretly putting a foreign substance into a coffee cup the victim was drinking from, and having the victim drink it, can also constitute the assault element of indecent assault (Supreme Court, July 9, 2026, case No. 2026Do2156).

This case shows how broadly the "assault" requirement can be interpreted in sex crimes, and where the line for punishment lies even without physical contact. Today, I will review this decision to explain the two types of conduct that establish indecent assault, and the standards the Supreme Court applies to "assault" and "indecent act."

1. Overview of the case

The defendant secretly put his own bodily fluid into a cup the victim was drinking from and let her drink it as it was. The prosecution charged this conduct on two tracks: one was property damage (재물손괴) for contaminating the victim's beverage and rendering it unusable, and the other was indecent assault.

The first and second instance courts diverged. The lower court found it difficult to regard the act of putting a foreign substance into the cup as assault or intimidation against the victim's body. It therefore found the indecent assault charge not guilty on the reasoning.

The issue was clear: whether conduct carried out through an object, without directly touching the body, can constitute the "assault" element of indecent assault. There was little dispute over the property damage charge, but whether indecent assault was also recognized would substantially change the sentence and the weight of collateral dispositions. The Supreme Court reached a different conclusion from the lower court.

2. Two types of conduct establishing indecent assault

Indecent assault is commonly understood as "a crime of committing an indecent act after suppressing resistance through assault or intimidation." The Supreme Court, however, has long divided the offense into two types.

The first is where assault or intimidation is inflicted first, making the victim's resistance difficult, and the indecent act then follows. The second is where the act of assault itself is evaluated as the indecent act. This is what is known as "surprise indecent assault (기습추행)."

In the second type, assault and the indecent act are not separated into distinct stages. The moment a hand is laid on the body against the other party's will, that single act is both assault and an indecent act. This case, too, involved precisely this second type.

3. The standards for "assault" and "indecent act" set out by the Supreme Court

The Supreme Court sets a low threshold for the degree of "assault" required in the surprise indecent assault type. The assault need not be severe enough to suppress the other party's will. It is sufficient that there was an exercise of tangible force against the other party's will, regardless of whether that force was strong or weak.

The Court also clarified the meaning of "indecent act." An indecent act refers to conduct that objectively causes sexual shame or aversion in an ordinary person, offends sound sexual moral values, and infringes the victim's sexual freedom.

Whether conduct amounts to an indecent act is not determined by any single factor. Courts carefully consider the victim's will, gender and age, the prior relationship between the offender and the victim, the background and specific manner of the conduct, the objective surrounding circumstances, and the sexual moral values of the time (see Supreme Court decisions 2001Do2417, 2019Do15994, etc.).

4. How the Supreme Court applied this to the case

The Supreme Court reversed the lower court's judgment and remanded the case. On its face the conduct appears directed at an object, the cup, but the Court focused on the fact that its substance was making the victim drink a contaminated beverage without her knowledge.

The Court held that this can ultimately be evaluated as an exercise of tangible force against the victim's body. It further noted that causing bodily fluid to enter another person's body can inflict not only mental suffering but also physical suffering.

That being so, there was an unlawful exercise of tangible force inflicted on the body against the victim's will, and this, in the Supreme Court's judgment, can constitute the "assault" element of indecent assault. The lower court's ruling, which excluded indecent assault solely because the act was mediated by an object, could not stand.

5. The practical significance of this decision

The significance of this decision lies not in newly expanding the scope of indecent assault, but in applying existing legal principles to unfamiliar facts and thereby clarifying the boundary. The key is not "whether the body was directly touched," but "whether tangible force reached the victim's body against her will."

Accordingly, secretly placing a foreign substance in someone's food or drink, or using an object to affect another person's body, may also be evaluated as indecent assault depending on the case. The idea that "it's fine because I never laid a hand on them" is dangerous.

That said, this decision does not mean every act without contact immediately becomes indecent assault. The Supreme Court still requires two pillars: an exercise of tangible force and a sexual infringement. Ultimately, how the substance and circumstances of the conduct are evaluated in each case determines guilt or innocence, and it is here that a defense built on legal principles proves its strength.

6. What to check in the early stage of a case

If you come under suspicion of indecent assault, you should review the following early on: ① whether the conduct at issue was against the victim's will, ② whether there is room to evaluate it as tangible force against the body, and ③ whether, under the circumstances at the time, it carried sexual meaning that could be seen as an indecent act.

Next, you should also examine ④ your relationship with the victim and the background of the incident, ⑤ obtainable objective evidence (video, messages, witnesses), and ⑥ the sincerity of any settlement and remorse. Because a final conviction for a sex crime is followed by collateral dispositions such as sex offender registration and employment restrictions, the facts and their legal evaluation must be organized carefully from the very beginning.

7. Closing

The "assault" element of indecent assault is not limited to visible physical force. As in this decision, conduct mediated by an object can be subject to punishment if its substance is tangible force reaching the victim's body. Conversely, if neither an exercise of tangible force against the victim's will nor a sexual infringement is recognized, room remains to contest the charge and seek an acquittal. That is how much the legal framing of the facts determines the outcome.

In sex crime cases, including indecent assault, the initial statements and the organization of evidence govern the entire subsequent process. If you are under suspicion or have been unfairly accused, please consult a criminal defense specialist attorney and set your direction. Cheongchul Law Firm will stand with you from the earliest stage of the case.