A. In fact, misunderstanding of the legal principle 1) Although the Defendant was flaging the head of E, it was intended to admonish the flag because the E’s attitude was bad, and there was no intention to commit an indecent act.

2) The body part of the defendant's contact is E's back head, and the back head part is not an important body part to the extent that compulsory indecent act is recognized.

3) E가 이물질이 묻은 결혼 반지를 닦으려고 하자 “ 뭘 그런 걸 닦아 ”라고 말하고 피해자의 가슴 앞까지 얼굴을 들이대면서 손을 향해 혀를 내민 사실이 없다.

Even if there was such fact, it does not constitute a forced indecent act because there was no physical contact.

4) Nevertheless, the lower court found the Defendant guilty of all the facts charged solely on the ground that some physical contact was merely a fact that there was a physical contact and that there was an intention to refuse E, and erred by misapprehending the legal doctrine on forced indecent act.

나. 판단 유탈 공소사실 중 『E 가 이물질이 묻은 결혼 반지를 닦으려고 하자 “ 뭘 그런 걸 닦아 ”라고 말하면서 피해자의 가슴 앞까지 얼굴을 들이대면서 손을 향해 혀를 내밀어 결혼 반지를 빨려고 하였다』 는 부분에 대해서는 원심에서도 앞서 본 바와 같은 주장을 하였으나 원심은 이에 대한 판단을 전혀 하지 않았다.

(c)

Even if the facts charged in the instant case are found guilty, the sentence of the lower court (the amount of KRW 5 million, the amount of KRW 40 million, and the amount of KRW 40,000) is excessively unreasonable.

2. Determination

A. In full view of the evidence duly admitted and examined by the court below as to the assertion of misunderstanding of facts or misapprehension of legal principles, the court below's judgment that found the defendant guilty of the facts charged in this case is just and acceptable.