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. Fact that the accused has committed an indecent act against the gist of the grounds for appeal (no indecent act against the complainant) and misapprehension of legal principles (applicable only to lawful medical treatment);

2. Determination on the grounds for appeal

A. (1) As to the mistake of facts, “Indecent act” means an act objectively causing a sense of sexual shame or aversion to the general public and contrary to the good sexual moral sense, which infringes on the victim’s sexual freedom or sexual self-determination. Whether it is so determined ought to be carefully determined by comprehensively taking into account the victim’s intent and gender, age, relationship between the offender and the victim before the offender and the victim, circumstances leading to the act, specific form of act, the surrounding objective situation, and the sexual moral sense of that time.

In addition, the Criminal Act does not require a subjective motive or objective to stimulate sexual humiliation as a subjective constituent element necessary for the establishment of the crime of indecent act by compulsion under the Criminal Act (see, e.g., Supreme Court Decision 2013Do5856, Sept. 26, 2013). It is sufficient for the other party to have the awareness that the other party has an act that may cause sexual humiliation or aversion.

On the other hand, in the crime of indecent act by deceptive means under Article 10(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012); “defensive means” means that an actor misleads the other party with his/her intent to commit an indecent act, misleads the other party, causes a misunderstanding, aware of, or causes a site for, an indecent act, and achieves the purpose of an indecent act by taking advantage of such physical state of the other party. Here, “defensive, aware of, or the site” means that there is a misunderstanding, perception, or a site for an indecent act, such as

(2) According to the evidence duly admitted and examined by the lower court and the first instance court (see, e.g., Supreme Court Decision 2012Do9119, Sept. 27, 2012). (2) According to the evidence duly admitted and examined by the lower court, the Defendant, who served as a doctor of a DNA hospital, was a disc on December 5, 2012, around 5:40 p.m.