All appeals by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

가. 변호인( 사실 오인 및 법리 오해) 피고인은 편의점의 진열대 옆 좁은 통로를 지나가면서 진열대를 정리하고 있는 아르바이트생 피해자 E가 방해가 된다고 생각하고 무의식적으로 피해자의 옆구리를 툭 친 사실이 있을 뿐 공소사실 기재와 같이 피해자를 강제 추행한 사실이 없다.

The defendant's act objectively causes sexual humiliation or aversion to the general public, and is contrary to good sexual morality, and cannot be viewed as an act infringing the victim's sexual freedom, and there was no intention to compel the defendant to commit an indecent act.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case and thereby erred by misapprehending the legal doctrine as to the crime of indecent act by force, thereby adversely affecting the conclusion of the judgment.

B. It is unreasonable for the court below to exempt the Defendant from an order to disclose the registered information without any specific reasons in light of the prosecutor’s (1) exemption order for disclosure disclosure, the content of the crime of this case, possibility of recidivism, etc.

(2) In light of the fact that the criminal defendant was not wrong and that the compensation for damage was not made, etc., the sentence of the court below which sentenced the order to complete the sexual assault treatment program for 3,000,000 won and 40 hours is too uneasible and unfair.

2. Determination

A. The crime of indecent act by force against the misapprehension of the legal doctrine on the defense counsel’s mistake and misapprehension of the legal doctrine includes not only the other party’s indecent act after making it difficult to resist by assault or intimidation, but also the case where the assault itself can be recognized as an indecent act. In this case, insofar as the assault does not necessarily require that it be at least to suppress the other party’s intent, and the exercise of force against the other party’s will is against the other party’s will, regardless of its power’s bruttion.

Indecent conduct is objectively sexually sexual to the general public.