The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 30,000,000.

The above fine shall not be paid by the defendant.

1. Judgment on the grounds for appeal

A. The summary of the grounds for appeal (misunderstanding of facts or misapprehension of legal principles) (1) The defendant was committed with the intent of having the victim go in school and having the victim go against knee by having the victim know that he is the disabled and try to eliminate the fear of the victim, and there was no indecent act against the victim as described in this part of the facts charged, and there was no intention to conduct the act.

② The Defendant did not use assault or intimidation, which is the premise of the crime of coercion by force, against the victim, and the Defendant’s act of inducing the victim to bucks by inducing the victim’s hand cannot be evaluated as an indecent act.

(Unfair of Sentencing) The sentence of the lower court (a year of imprisonment, 40 hours’ order to complete a sexual assault treatment program, and the disclosure and notification order of personal information between three years’ order) is too heavy or unreasonable.

B. (1) The lower court rejected the Defendant’s assertion that the Defendant’s assertion of mistake or misunderstanding of the legal doctrine included in the grounds of appeal No. 1 as to the above argument.

Examining the evidence and records duly adopted and examined by the court below, the judgment of the court below is justified, and the defendant's above assertion is not accepted.

In addition, the crime of indecent act by force includes not only the case of indecent act after the other party makes it difficult to resist by means of assault or intimidation but also the case where the body of the person of assault is regarded as indecent act. In this case, the assault is not necessarily required to suppress the other party's will.

Indecent conduct means an act that causes sexual humiliation or aversion to the general public and is contrary to good sexual morality, which infringes on the victim’s sexual freedom, and whether it is so, the victim’s intent, gender, age, relationship between the perpetrator and the victim prior to the occurrence of the act, circumstances leading to the act, specific form of the act, objective situation surrounding the act, and sexual morality of the time.