The judgment of the first instance shall be reversed.

The sentence against the accused shall be determined by a fine of KRW 1,00,000.

The above fine shall be imposed on the defendant.

1. The judgment of the court on the erroneous determination of the gist of the grounds for appeal (the defendant only had some physical contacts with the victim B in the situation where the inside of subways are mixed with passengers, and did not commit an indecent act with the intent of committing an indecent act), and the judgment of the court on the grounds of unfair sentencing 2.

A. Comprehensively taking account of the evidence duly adopted and examined by the first instance court on the assertion of mistake of facts, the defendant can be found to have committed an indecent act against the victim as stated in the judgment of the first instance court, so the above argument by the defendant disputing this issue is not acceptable.

B. In full view of the fact that there is no criminal power against the Defendant on the assertion of unfair sentencing, and other various circumstances indicated in the argument in the instant case, including the Defendant’s age, character and conduct, environment, motive and background of the instant crime, and circumstances after the commission of the crime, the court of first instance recognized that the fine imposed on the Defendant is somewhat inappropriate.

3. According to the conclusion, the appeal by the defendant is justifiable, the judgment of the first instance is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is again rendered following the pleadings.

The criminal facts and the summary of the evidence recognized by the court are the same as the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act and the Selection of Punishment, etc. of Sexual Crimes: (a) Articles 70 and 69(2)1 of the Criminal Act; (b) Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Order to Attend; (c) Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order.