The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. According to the summary of the grounds for appeal (de facto misunderstanding) the victim’s statement that the Defendant her her her butt might cause sexual humiliation, and CCTV images, etc. in which the situation at the time of the instant case was taken, the Defendant may fully recognize the fact that the Defendant forced the victim to commit an indecent act, such as the facts charged.

Nevertheless, the court below found the defendant not guilty by erroneous finding the facts.

2. Determination

A. The summary of the facts charged in the instant case was around August 25, 2018, the Defendant 19:10, while drinking fluor and drinking in a “C” restaurant located in Seongbuk-gu, Manam-si, Manam-si, the Defendant: (a) sent ice to the victim D (V, 32 years of age) who iced in the said restaurant; and (b) caused the victim’s her son by hand, etc. one time.

Accordingly, the Defendant committed an indecent act on the part of the victim.

B. The lower court, based on its stated reasoning, found the Defendant not guilty on the ground that the evidence submitted by the prosecutor alone was insufficient to readily conclude that the instant facts charged that the Defendant intentionally committed an indecent act against the victim was proven to the extent that there is no reasonable doubt, and that there is no other evidence to acknowledge it.

C. “Indecent act” of the relevant legal principles of the party deliberation 1 refers to an act objectively causing sexual humiliation or aversion to the general public and contrary to good sexual morality, which infringes 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 the occurrence of the act, circumstances leading to the act, specific form of the act, the surrounding objective situation, and the sexual moral sense in that time.

In addition, there should be a subjective motive or purpose to stimulate sexual humiliation as a subjective element necessary for the establishment of the crime of indecent act by compulsion.