강제추행
The judgment of the court below is reversed.
Defendant shall be punished by a fine of three million won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (misunderstanding of facts and legal principles) where the act of assault is deemed to be an indecent act, inasmuch as the act of assault is deemed to be an indecent act against the other party’s will, inasmuch as there is an exercise of force against the other party’s will, the court below acquitted the Defendant of the facts charged in this case on the ground that: (a) the Defendant physically contacted the other party against the victim’s will; and (b) even though such an act constitutes an indecent act, it is difficult to deem that the indecent act was an indecent act as an exercise against the victim’s will; and (c) on the ground that it is difficult to deem that the act of assault was an indecent act as an exercise against the victim’s will, the court below erred by misapprehending the facts or by misapprehending the legal principles
2. On October 11, 2016, the Defendant: (a) committed an indecent act against the victim by putting the victim’s hand who was seated in the next sprink while drinking alcohol together with the victim E (n, 23 years old); (b) placing the victim’s buckbucks in hand; and (c) continuously write the victim’s buckspucks inside the bucks.
3. The lower court acquitted the Defendant of the instant facts charged on the ground that the instant indecent act constituted an indecent act, but it is difficult to deem that such indecent act was an act of assault as an exercise of force against the victim’s will and constitutes an indecent act.
4. The crime of indecent act by force of judgment on the party includes not only cases where the other party commits an indecent act after making it difficult to resist by means of assault or intimidation, but also cases where the body of the person who commits the indecent act is recognized as an indecent act.
In this case, as long as the use of force against the other party's will is not necessarily required to control the other party's will, regardless of the fact that the use of force is against the other party's will.
In addition, the term "comfort" causes sexual humiliation or aversion to the general public objectively.