The judgment below

The part of the case of the defendant is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The defendant above.

The court below dismissed the prosecutor's request for an observation order for the protection of the defendant while pronounced guilty on the part of the defendant's case, and only the defendant appealed.

Therefore, the part of the judgment below regarding the claim for protection observation order among the judgment below is excluded from the scope of the judgment of this court notwithstanding the provisions of Articles 21-8 and 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, etc., since there is no benefit of appeal. The scope of the judgment of this court is limited to the part of the

The main point of “H”, which is the place where the instant crime was committed by misapprehending the legal principles on the gist of the grounds of appeal, is “a place where public space is densely concentrated.” Since the act of female employees’ tacking her her m, which the Defendant passed, was not a means of assault or intimidation, it constitutes indecent act in a public concentrated place prescribed in Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Sexual Crimes Punishment Act”).

Nevertheless, the judgment of the court below which determined the defendant's act as an indecent act under the Criminal Act is erroneous in the misapprehension of legal principles, which affected the judgment.

Considering the fact that the defendant was a U.S. military personnel in the Republic of Korea, it constitutes a case where the court below ordered the defendant to complete a program for 40 hours under the proviso of Article 16(2) of the Punishment of Sexual Violence Act. However, it is unreasonable that the court below ordered the defendant to complete a program for sexual assault treatment.

The punishment of 7 million won, which was sentenced by the court below, is too unreasonable.

Judgment

As to the assertion of misapprehension of the legal principles, the crime of indecent act by force of the relevant legal principles includes not only the case of indecent act after the other party makes it difficult to resist by assault or intimidation but also the case where the body of the person of assault is deemed to be indecent act. In this case, the assault does not necessarily require that it be enough to suppress the other party's will.