1. The judgment below is reversed.

2. Defendant shall be punished by a fine of KRW 3,000,000.

3. The above fine shall be imposed on the defendant.

1. Summary of grounds for appeal;

A. The Defendant did not intentionally commit an indecent act against the victim, misunderstanding of facts and legal principles.

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous in the misapprehension of facts and legal principles.

B. The punishment sentenced by the lower court (the amount of KRW 5 million and the amount of KRW 40 million for sexual assault treatment programs) is too unreasonable.

2. Determination

A. Fact-misunderstanding and legal principles 1) The crime of indecent act by force includes not only cases where the other party commits an indecent act after making it difficult to resist by means of assault or intimidation, but also cases where the body of the person committing the indecent act is deemed to be an indecent act. In this case, inasmuch as the assault does not necessarily require to suppress the other party’s intent and the exercise of tangible force against the other party’s will is against the other party’s will, regardless of the force’s power (see, e.g., Supreme Court Decision 2001Do2417, Apr. 26, 2002). In addition, the indecent act is objectively an act contrary to the victim’s intent, gender, age, relationship between the offender and the injured party prior to such act, specific circumstances leading to such act, objective circumstances of the act, and sexual moral sense in the age, etc., and thus, it shall be determined with careful consideration.

In addition, a subjective motive or objective is not required to stimulate sexual humiliation as a subjective element necessary for the establishment of the crime of indecent act by compulsion (see Supreme Court Decision 2013Do5856, Sept. 26, 2013, etc.). 2) In light of the following circumstances, the evidence duly adopted and examined by the lower court, etc., the Defendant’s indecent act with the intent to commit indecent act by compulsion is sufficiently recognized.