The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. In the instant case, instead of Article 298 of the Criminal Act, Article 11 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes applies to the instant case.

B. The lower court’s sentence on the Defendant of unreasonable sentencing (a fine of 4 million won and order to complete a sexual assault treatment program) is too unreasonable.

2. Determination

A. 1) We examine the legislative intent of 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 provides that “a person who commits an indecent act against another person at public means of transportation, public performance or assembly place, or any other densely-populated place shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding three million won.” The above provision is more likely to cause an indecent act in a public place with the concentration of population in urbanized modern society and the need for punishment thereof is higher than that of the past. On the other hand, it is intended to cope with situations where it is difficult for the victim to clearly and actively resist or avoid punishment under other Acts, such as the Criminal Act, by taking advantage of the situation where it is difficult to access the victim and the place of indecent act is disclosed (see, e.g., Supreme Court Decision 2009Do5704, Oct. 29, 2009).

The defendant is dancing with the victim, and the victim's care is limited.