1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for one and half years;

3. Provided, That for two years from the date this judgment becomes final and conclusive.

1. The gist of the grounds for appeal (one year and six months of imprisonment, two years of suspended execution) of the lower court is deemed to be too unhued and unfair.

2. Prior to the judgment on the grounds of ex officio appeal, we examine ex officio the violation of the Act on the Punishment, etc. of Sexual Crimes (Indecent Act by force in relation to relatives) from among the facts charged in the instant case on August 5, 2014.

A. On August 5, 2014, at around 17:00 on August 5, 2014, the summary of this part of the facts charged: (a) the Defendant, at the Defendant’s residence located in Chungcheongnam-gun, left the Defendant’s wife C (here 17 years of age) with his/her care; (b) opened KRW 20,000 in cash, and tried to attract the victim; (c) however, the Defendant attempted to keep the victim out of the wind.

B. The lower court determined that the lower court convicted this part of the facts charged by comprehensively taking account of the adopted evidence.

C. However, the above determination by the court below is not acceptable for the following reasons.

1. The crime of indecent act by compulsion is established when a indecent act is committed after another person makes it difficult to resist by means of assault or intimidation against the other party. Provided, That in the case of so-called so-called “ indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by assault itself is established when there is the exercise of tangible force contrary to the other party’

Therefore, the starting point of the commission of the crime of indecent act by compulsion is when there is violence or intimidation to the extent that it is difficult for the victim to resist. However, in a case where the act of assault itself is acknowledged as an indecent act by force against the will of the other party, the commission of the crime of indecent act by indecent act by compulsion is launched.

Therefore, in order to establish the crime of attempted indecent act by compulsion in this case, the fact that the defendant commenced the act of assault or intimidation to the extent that it is difficult for the victim to resist, or that the defendant committed the indecent act against the victim's will.