The defendant's appeal is dismissed.

1. Notwithstanding Article 11 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall apply to the defendant's act committed an indecent act against the victim at a bus stop which is a summary of the grounds for appeal (misunderstanding of legal principles), the court below erred by misapprehending legal principles

2. Article 11 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides that “a person who commits an indecent act on another person in a public means of transportation, public performance or assembly place, or any other place densely concentrated on the public” shall be punished by imprisonment with prison labor for not more than one year or by a fine not exceeding three million won. The legislative intent of the Act is as follows: (a) the probability of indecent act in a public place accessible to the general public in urbanized modern society and the need for punishment thereof is highly high; (b) on the other hand, an indecent act committed by a victim under other Acts, such as the Criminal Act, was conducted by using a situation where it is difficult to use the victim’s explicit and active resistance or avoidance due to such reasons as easy access with the victim and disclosure of the place of indecent act, thereby coping with the situation where punishment under other Acts, such as the Criminal Act, was not imposed (see Supreme Court Decision 201Do1741, Feb. 23, 2012). Meanwhile, the crime of indecent act is established when it is deemed that the victim’s indecent act was committed.