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. Summary of grounds for appeal;

A. Although the Defendant did not commit an indecent act against the victim, the judgment of the court below which found the Defendant guilty of the facts charged in this case is erroneous and adversely affected the conclusion of the judgment.

B. The lower court, which sentenced the Defendant to a fine of KRW 4 million, is erroneous by misapprehending the legal doctrine, which affected the conclusion of the judgment, even though the statutory penalty for the crime of indecent act in a public densely concentrated place under Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is imprisonment for not more than one year

C. The lower court’s sentence of an unreasonable sentencing (4 million won of a fine) imposed on the Defendant is unreasonable.

2. The following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, the victim's statement at the court below, which was admitted by the evidence, are high credibility by making consistent and detailed statements from the investigative agency to the court below in regard to the situation where the victim was committed an indecent act and the circumstances and process during which the defendant was designated as the offender and reported to the investigative agency. The victim reported his damage immediately after the occurrence of the case, and the young female victim reported to the investigative agency without any reason. It is difficult to understand that reporting to the investigation agency of the fact that the victim was committed an indecent act against the defendant at the subway, and the victim wanted a strong punishment without demanding compensation from the defendant. In full view of all the circumstances such as the fact that the victim was punished by indecent act against the defendant, and the victim's act of indecent act and the circumstances at the time of the indecent act, etc., the judgment below convicting the defendant of the facts charged in this case is justified, and therefore, the defendant's allegation of facts is justified.