The defendant's appeal is dismissed.

1. Summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles, and improper sentencing)

가. 사실 오인, 법리 오해 피고인은 이 사건 공소사실 기재 일시, 장소에서 격려 차원에서 피해자의 어깨 부위를 툭 쳤을 뿐 양 손으로 피해자의 어깨 부위를 끌어안은 사실이 없고, 피고인의 행위는 추행행위에 해당하지 않을 뿐만 아니라 피고인에게는 강제 추행의 고의도 없었다.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment, on the grounds of the victim’s statement without credibility.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 3 million and a sexual assault treatment program of KRW 40 million) is too unreasonable.

2. Progress of litigation;

A. The lower court found the Defendant guilty of the instant facts charged, and ordered the Defendant to take a fine of KRW 3 million and to complete a sexual assault treatment program 40 hours.

B. The judgment of the court below before remanding the case is reversed and the defendant was acquitted on the ground that the defendant appealed against the judgment of the court below prior to remand, and the victim’s statement is highly reliable and the video materials submitted alone cannot be removed from a reasonable doubt.

(c)

The Prosecutor rendered a judgment on the judgment of the court before the remanding judgment, and the Supreme Court reversed the judgment of the court prior to the remanding judgment and remanded it to the effect that it was guilty.

3. Judgment on the misapprehension of facts and misapprehension of legal principles

A. The crime of indecent act by force of the relevant legal doctrine includes not only cases where the other party commits an indecent act after making it difficult to resist by assault or intimidation but also cases where the body of the person committing the indecent act is deemed to be an indecent act. In such a case, the assault must not necessarily be enough to suppress the other party’s will.

Indecent conduct is objectively made to the general public a sense of sexual humiliation or aversion.