The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10 million.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The judgment of the court below that found the Defendant guilty of all the charges of this case committed a mistake in fact or in misapprehension of legal principles, and committed an indecent act against the victim’s will by assault or intimidation, even though it did not constitute an indecent act against the victim’s will. Thus, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

B. Unless otherwise specified, the sentence of the lower court (ten months of imprisonment and two years of suspended execution, community service and order to attend a lecture) is too unreasonable.

2. Judgment on misconception of facts or misapprehension of legal principles

A. The crime of indecent act by compulsion includes not only cases of indecent act after the other party makes it difficult to resist by assault or intimidation, but also so-called indecent act in which the act of assault itself is acknowledged as an indecent act.

In particular, in the case of indecent conduct, violence at the same time as the indecent conduct does not necessarily require that the other party's intention is at a level to suppress, and if there is the exercise of tangible force against the other party's will, regardless of its power's exaggeration.

Furthermore, an indecent act objectively 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 an indecent act ought to be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship between the perpetrator and the victim prior to such act, circumstances leading to such act, specific form of conduct, objective situation surrounding the act, and sexual moral sense in the age.

(See Supreme Court Decision 2019Do1594 Decided March 26, 2020, etc.). B.

In light of the above legal principles, the case returned to the instant case, and the case was examined.