The judgment of the court below is reversed.

The accused shall announce the summary of the judgment of innocence.

1. The decision of the court below which judged that there was an intentional indecent act against the defendant even though the defendant was not guilty of an indecent act at the time of the appeal in this case, there was an error of law by misunderstanding the facts or by misapprehending the legal principles concerning indecent act by compulsion.

2. Determination

A. The summary of the facts charged in the instant case is the relationship between the Defendant and the Victim B (26 years of age, women).

피고인은 2017. 12. 7. 00:26경 서울 은평구 C, 2층 D 주점 내에서 컵을 정리하고 있는 피해자의 뒤쪽 좁은 통로를 지나가면서 왼손으로 피해자의 엉덩이를 1회 툭 치듯 만져 피해자를 강제로 추행하였다.

B. The lower court found the Defendant guilty on the ground that, in light of the following: (a) in CCTV images, the Defendant intentionally committed an indecent act by deceiving the victim’s her m or her m or her m or her m or her m or m or her m or m or her m or m or m or her m or m or m or her m or m or m or her m or m or her m or m

C. (1) The facts constituting an offense against which a public prosecution has been instituted in a relevant criminal trial should be proven by the prosecutor, and the judge should find the defendant guilty with evidence having probative value sufficient to conclude that the facts charged are true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is no doubt as to the defendant's guilt, it shall be determined with the benefit of the defendant.

(See Supreme Court Decision 2002Do5662 Decided December 24, 2002, etc.). In addition, in order to establish the crime of indecent act by compulsion, a subjective motive or purpose should not be required to stimulate sexual humiliation to an actor. However, an intentional act infringing on the victim’s sexual freedom by committing an indecent act against the victim’s will may be acknowledged as a subjective constituent element.