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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 7,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of the grounds for appeal (legal scenarios and unreasonable sentencing)
A. Although the defendant committed an act in the facts charged by misapprehending the legal principles, the defendant committed such act to indicate the friendship of the victims, so the defendant's act does not constitute an indecent act in the crime of indecent act by compulsion, but did not have the intent to commit an indecent act against the defendant.
Nevertheless, the judgment of the court below which convicted the charged facts of this case is erroneous in the misapprehension of legal principles.
B. Even if the court below found the conviction of unfair sentencing, the sentence imposed by the court below (two years of suspended sentence in six months of imprisonment) is too unreasonable.
2. Determination
A. As to the assertion of legal principles, the crime of indecent act by compulsion includes not only cases where the other party commits an indecent act after making it difficult to resist by means of assault or intimidation, but also cases where the act of assault itself is recognized as an indecent act. In such a case, an assault does not necessarily require that it is sufficient to suppress the other party’s intent, and inasmuch as the exercise of force against the other party’s will is against the other party’s will, regardless of its force, it should be said that the indecent act objectively causes sexual humiliation or aversion to the general public, and infringes on the victim’s sexual freedom. Determination of whether it constitutes such an act ought to be made with careful consideration of the victim’s intent, gender, age, relationship between the perpetrator and the victim, circumstances leading to such act, specific form of conduct, objective situation, and sexual morality of the time, etc. (see, e.g., Supreme Court Decisions 201Do2417, Apr. 26, 2002; 2015Do24169, Apr. 26, 2015).