The judgment of the court below is reversed.

Defendant shall be punished by a fine of seven million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

가. 사실 오인 및 법리 오해 피고인은 피해자에게 귓속말을 하던 중에 기분이 너무 좋아진 나머지 순간적으로 피해자의 볼에 입을 맞추었을 뿐이고, 피해자와 피고인의 관계, 이 사건의 발생 경위, 사건 이후 피해자의 태도 등을 고려 하면, 이 사건 공소사실 기재 행위는 피해자의 성적 자기 결정권을 폭력적 행태에 의하여 침해한 경우에 해당한다고 볼 수 없으므로, 강제 추행죄가 성립하지 않는다.

B. The sentence of the lower court’s improper sentencing (4 months of imprisonment, 2 years of suspended sentence, and 40 hours of lectures to treat sexual assault) is too unreasonable.

2. Determination

A. The crime of indecent act by mistake and misapprehension of the legal doctrine includes not only cases where the other party commits an indecent act after making it difficult to resist by means of assault or intimidation but also cases where the body of the person of the act of assault is recognized as an indecent act. In this case, the assault is not necessarily required to suppress the other party’s will.

An indecent act refers to an act that causes a sense of sexual humiliation or aversion to the general public and goes against good sexual morality, and thus infringes on the victim’s sexual freedom. Whether an act constitutes an indecent act ought to be determined carefully in full view of the victim’s intent, gender, age, relationship between the perpetrator and the victim prior to such act, circumstances leading to the act, specific manner leading to the act, objective situation surrounding the act, and the sexual moral sense in the age (see, e.g., Supreme Court Decisions 2015Do6980, Sept. 10, 2015; 2015Mo2524, Apr. 26, 2002; 201Do2417, etc.). Comprehensively taking into account the following circumstances revealed by evidence duly adopted and investigated by the lower court, the Defendant’s act constitutes a forced indecent act.

① The Defendant and the victim first committed the instant crime against the customer on the day of the instant case as a glick.