Defendant

All appeals by prosecutors are dismissed.

Summary of Grounds for Appeal

Defendant

misunderstanding of facts or misunderstanding of legal principles that the Defendant, while counseling the victim with the victim, she would have fluencing a fluent fly, she would be subjected to love with others to enhance her self-esteem, and the victim she would not make a fluencing choice. As stated in the facts charged, the Defendant merely flucing or fit the victim as stated in the facts charged, and did not have any sexual intent or purpose, so the Defendant cannot be found to have committed indecent act, and the Defendant did not exercise his/her power against the victim.

The punishment sentenced by the court below of unfair sentencing (10 million won of fine) is too unreasonable.

It is unfair that the sentence imposed by the prosecutor by the court below is too uneasible.

Judgment

In determining the intention of an indecent act on the assertion of mistake of facts or misapprehension of legal principles, an indecent act on the legal principles concerned shall objectively cause sexual humiliation or aversion to the general public and infringe on the victim’s sexual freedom as an act contrary to good sexual moral sense, and shall be determined with careful consideration of the victim’s intent, gender, age, relationship between the offender and the victim prior to the occurrence of the act, circumstances leading to the act, specific form of act, and the objective situation surrounding the act and the moral sense of the times.

In addition, the subjective constituent elements necessary for the establishment of the crime of indecent act by compulsion do not require any subjective motive or purpose to stimulate sexual humiliation (see Supreme Court Decision 2013Do5856, Sept. 26, 2013). The same applies to the crime of indecent act by force.

Judgment

As seen earlier, the establishment of the crime of indecent act does not require a subjective motive or objective to stimulate sexual desire, and thus, the Defendant did not commit an indecent act with sexual intent.

In order to find psychological stability for the victims of emotional unstable or uneasiness.