Defendant shall be punished by a fine of KRW 15,000,000.

The above fine shall not be paid by the defendant.

2. The ex officio determination prosecutor applied for changes in the indictment to the effect that “the victim committed an indecent act against the victim” was “a indecent act against the victim,” and that “the victim committed an indecent act against the victim,” among the facts charged, the ex officio determination prosecutor changed the Defendant’s name into “quasi-rape by indecent act” and “the victim committed an indecent act against the victim,” and the judgment of the court below cannot be maintained as it changed the subject of the judgment by permitting it.

Although the Defendant asserted that he did not intend to commit the crime of quasi-indecent act against the victim's will, according to the evidence duly admitted and investigated by the lower court, the Defendant, while recognizing that the Defendant would be against the victim's will, was aware of the fact that the Defendant committed indecent act by taking advantage of the victim's state of her potential to resist, by taking advantage of the victim's state of her

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above ground for ex officio reversal exists, and the judgment below is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence acknowledged by this court is as follows. The facts charged in the judgment of the court below, except for using the phrase "as a negative figure by hand," and "an indecent act against the victim" as "an indecent act against the victim" among the facts charged in the judgment of the court below, cited it in accordance with Article 369 of the Criminal Procedure Act, since it is the same as the corresponding column of the judgment of the court below.

Application of Statutes

1. Relevant Articles 299 and 298 of the Criminal Act concerning facts constituting an offense;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The punishment, etc. of sexual crimes committed against him/her;