The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 15 million.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles are the fact that the part of the victim’s her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son

B. The lower court’s sentence is too uneasible and unfair.

2. Determination

A. As to the Defendant’s assertion of mistake of facts and misapprehension of legal principles, the crime of indecent act by compulsion includes not only an indecent act after the other party makes it difficult to resist by assault or intimidation against the other party, but also the so-called indecent act in which the assault itself is recognized as an indecent act. In particular, in the case of indecent act by deception, an indecent act at the same time does not necessarily require that the other party’s indecent act is at least to suppress the other party’s intention, and at the same time there is the exercise of tangible force against the other party’s will, regardless of the other party’s intention (see Supreme Court Decision 2019Do1594, Mar. 26, 2020). Furthermore, the indecent act is an act that causes sexual humiliation or aversion to the general public and is contrary to good sexual morality, and thus infringing on the victim’s sexual freedom. Whether it constitutes such act is a matter of view of the victim, gender, age, relationship between the offender and the victim prior to such act, specific circumstances leading to such an act, objective situation and objective situation of the surrounding it.