The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. According to the evidence submitted by the prosecutor's appellate brief, the fact that the defendant committed each act listed in the facts charged of this case can be sufficiently recognized, and each of the above acts constitutes an indecent act that infringes on the victim's sexual freedom in general and objective manner, but the court below acquitted the defendant. The court below erred by misapprehending the facts and misapprehending the legal principles.

2. Determination

A. The summary of the facts charged in the instant case 1) from around 00:34 on August 23, 2016 to around 00:37:17, the Defendant committed an indecent act by: (a) putting the two arms in the street on the parking lot of the first floor B B lending in Busan Dong-gu, Busan, and 20:37:17; and (b) putting the victim C (the 37 years of age) in front; and (c) 200 to 5 seconds by force.

2) On August 23, 2016, from around 00:46:00 to from around 00:46:12, the Defendant committed an indecent act, such as humping the victim from the entrance of the first floor of B B lending set forth in paragraph (1) above, and humping him into the face.

B. The lower court’s judgment, based on the circumstances revealed from the facts acknowledged by the evidence, namely, the relationship between the Defendant and the victim, the circumstance that the Defendant had been engaged in the conduct indicated in the facts charged at the time of the instant case, the situation of the Defendant and the victim, the specific attitude of the Defendant and the victim’s response thereto, the victim’s response thereto, the circumstances leading up to the victim’s accusation, etc., the evidence submitted by the prosecutor alone cannot be deemed to constitute an indecent act in the crime of forced indecent act, and in the case of Article 2 of the facts charged, the injured person was unable to resist due to the victim’s assault or intimidation or the

On the ground that it is difficult to see all of the charges of this case, the Defendant was acquitted.

(c)

1) The crime of indecent act by force of the relevant legal principles is not only when the other party commits an indecent act after making it difficult to resist by means of assault or intimidation, but also when the body of the act of assault is recognized as an indecent act.