The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant entered the convenience store of this case on the first floor of the party branch building operated by friendship and club business, and did not commit the above act by assaulting or threatening the victim with sexual intent, only after considering the victim's deductible expenses, and went out of the convenience store, and did so.

In addition, the defendant's act cannot be said to be an act that causes a sense of sexual shame or infringe on the right to sexual self-determination.

B. Under the influence of alcohol at the time of the instant crime, the Defendant was in a state with weak capacity to discern things or make decisions.

C. Even if the facts charged of this case are found guilty, in light of the developments leading up to the crime of this case and the fact that the victim does not want to punish the defendant, the court below’s sentence (7 million won of fine) is too unreasonable.

In light of the circumstances leading up to the illegal act of this case, the criminal records and family relations of the defendant, the victim's intent, etc., there are special circumstances that may not disclose personal information to the defendant.

2. Determination

A. On the assertion of mistake of facts, the crime of indecent act by compulsion includes not only cases where an indecent act is committed after the other party makes it difficult to resist by means of assault or intimidation but also cases where the act of assault itself is deemed to be an indecent act. In such a case, insofar as the assault does not necessarily require the degree of suppressing the other party’s intention, and the exercise of force against the other party’s will is against the other party’s will, regardless of its power, it does not require the assault or intimidation.

In addition, "Indecent act" means an act that causes sexual humiliation or aversion to the general public objectively and causes good sexual morality.