The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. 항소이유의 요지(사실오인) 사건 당시 피고인의 행위 태양에 비추어 볼 때 단순히 피해자의 진행을 저지하기 위해 손을 뻗은 것이라 보기 어렵고, 추행의 의도를 가지고 피해자의 가슴 부위를 움켜쥔 것으로 보아야 한다.

또한 피해자를 제지하기 위해 굳이 피해자의 가슴 부위에 손을 가져다 댈 이유는 없는 점을 고려하면, 피고인은 추행의 고의를 가지고 피해자의 가슴을 움켜쥔 것이라 판단된다.

Therefore, the judgment of the court below that acquitted the charged facts of this case is erroneous.

2. Judgment on the prosecutor's assertion of mistake of facts

A. The lower court determined that the Defendant was not guilty of the facts charged in this case on the ground that it is recognized that the Defendant flicking of the victim’s chest, but this is nothing more than a part of the Defendant’s woman-friendly body to block the victim, and it is difficult to readily conclude that the Defendant flicking of the victim’s chest with the intent to commit an indecent act.

B. Determination 1 of the political party’s judgment is objectively an indecent 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 an indecent act constitutes such an act ought to be determined after careful consideration of the victim’s intent, gender, age, relationship between the offender and the victim prior to such act, circumstances leading to such act, specific circumstances leading to the act, the surrounding objective situation, and the sexual moral sense in the time thereof, etc. Furthermore, subjective elements necessary for the establishment of the crime of indecent act by compulsion are sufficient only by intention, and do not require any subjective motive or purpose to stimulate, stimulate, and satisfy other sexual humiliation (see, e.g., Supreme Court Decision 2014Do17879, Jul. 23, 2015).