The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. Summary of grounds for appeal;

A. In light of the relationship between the defendant and the victim, the club atmosphere to which the defendant and the victim belong, the circumstance where the victim accused the defendant, etc., the defendant's act cannot be deemed to constitute an indecent act in the crime of forced indecent act, and there was no intention for the defendant at the time to commit an indecent act.

Although the court below found the defendant guilty of the facts charged of this case, it erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. Even if the sentencing was found to be guilty, if the circumstances leading up to the instant crime were to be considered, the punishment sentenced by the lower court (5 million won, and 40 hours ordered to complete a sexual assault treatment program) is too unreasonable.

2. Determination

A. (i) “Indecent conduct” constituting a crime of forced indecent conduct is objectively against the ordinary public’s sense of sexual morality and thus infringing on the victim’s sexual freedom. Whether it constitutes such an act should be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship between the perpetrator and the victim prior to the occurrence of the act, circumstances leading to the act, specific form of the act, and the surrounding objective situation, and the sexual moral sense of that time.

In addition, it is not necessary to have a subjective motive or objective to stimulate sexual humiliation as a subjective element necessary for the establishment of the crime of indecent act (see Supreme Court Decision 2013Do5856, Sept. 26, 2013). In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, the Defendant’s physical contact with the victim as stated in the instant facts charged constitutes an indecent act constituting the crime of indecent act, and at least the Defendant had a criminal intent to commit an indecent act.