All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. At the time of Defendant’s death, the Defendant was not able to spread the victim’s body due to the injury of the fingers. The Defendant’s hand was merely the Defendant’s hand in contact with the victim’s body on the wind to see the victim’s body while leaving the body behind. As such, the Defendant did not commit an indecent act on the part of the victim.

B. The Prosecutor’s sentence of the lower court (fine 2,00,000) is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, the crime of indecent act by compulsion 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 act of assault itself is deemed an indecent act. In such a case, an assault does not necessarily require the degree of suppressing the other party’s intent, and so long as the exercise of force against the other party’s will is against the other party’s will, regardless of its force, the indecent act constitutes an act of causing sexual humiliation or aversion to the public objectively and contrary to good sexual morality, and thus infringing on the victim’s sexual freedom. Whether it constitutes such an act is determined with careful consideration of the victim’s intent, gender, age, relationship with the other party, circumstances leading to such act, specific form of conduct, objective situation, and sexual morality at that time, and the following facts and evidence established by the lower court in light of the legal principles as seen above (see Supreme Court Decision 201Do2417, Apr. 26, 2002).