A. Legal principles 1) The prosecutor charged the instant facts charged with an ordinary concurrence between the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) and the crime of public performance and obscenity. In particular, with respect to the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.), the Defendant, from the beginning, designated the victim F (the victim 17 years old), and forced the said victim not to have the said victim moved to another place easily unless he/she contacts himself/herself (the said victim was able to keep up to 7 minutes of his/her actions and sit down on the said part).

(3) Although the court below should have fully taken into account the fact that the crime of indecent act by compulsion can be established even if there is no direct physical contact, the court below judged that the defendant's act did not reach the degree of infringing on the victim's freedom of sexual self-determination beyond the degree of causing sexual humiliation or aversion to the general public, and held the defendant not guilty of the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.). In addition, the court below erred by misapprehending the legal principles on indecent act by compulsion, which affected the conclusion of the judgment. In addition, since the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) and the public performance and obscenity are in a mutually competitive relationship, the court below did not render a separate verdict even if the defendant is not guilty of the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (including a fine of five million won, etc.) is too uneased and unreasonable.

2. Determination

A. The crime of indecent act by compulsion on the misapprehension of the legal doctrine is a crime that infringes on the individual’s legal interest, which is the individual’s sexual freedom.