The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

1. 항소이유의 요지 검사가 원심에서 제출한 증거에 의하면, 피고인이 공소사실 기재 일시, 장소에서 피해자의 엉덩이를 주먹으로 툭 치고, 어깨를 주물러 위력으로써 피해자를 추행한 사실을 인정할 수 있다.

The judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous.

2. Determination

A. In the case where the ex officio determination prosecutor applied for the amendment of a bill of amendment to the indictment with the content that “the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

However, the prosecutor's assertion of misunderstanding of facts is still subject to the judgment of this court within the scope of the changed facts charged despite the above reasons for ex officio destruction, and this is examined below.

B. On June 2012, “Indecent act” of the prosecutor’s assertion of mistake of facts means an act that causes a sense of sexual humiliation or aversion to the general public and is contrary to good sexual morality, and thus infringing on the victim’s sexual freedom. Whether it constitutes such an act ought to be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship between the offender and the victim prior to such act, circumstances leading to such act, specific form of act, and the objective situation surrounding the act, and the sexual moral sense of that time, etc. (see, e.g., Supreme Court Decision 2001Do2417, Apr. 26, 2002). The lower court’s duly adopted evidence duly adopted and examined and the witness’s statement at the court of the trial and the witness’s statement at the court of the trial D, the Defendant, who is a vinyl, operating the plastic factory, shall be determined by considering the victim’s intention, gender, age, and the victim’s relation before the date of the act.