The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. Since legal principles are recognized as a considerable relation between the Defendant’s forced indecent act against the victim by mistake of facts and the victim’s acute stress symptoms immediately thereafter, the Defendant should be held liable for the crime of bodily injury resulting from forced indecent act rather than the crime of forced indecent act.

B. The sentence of the lower court that is unfair in sentencing (the penalty amounting to KRW 5,00,000) is too minor.

2. Determination

A. Regarding the assertion of misunderstanding of legal principles or mistake of facts, the court below held that there is no evidence to acknowledge that the defendant committed a crime resulting from a forced indecent act by the defendant, based on legal principles and grounds as stated in its reasoning, the "pact against acute stress" of the victim was caused by the defendant's indecent act against the victim himself/herself or by assault and intimidation, or that there was no evidence to prove that there was an indecent act committed by the defendant in connection with the indecent act, and that there was no evidence to support that there was an indecent act against the victim.

Unlike the crime of indecent act by force, the crime of indecent act by force, unlike the crime of indecent act by force, is an aggravated crime as a result of the so-called aggravated crime. In addition to the relation between forced indecent act and the result of the bodily injury, there should be negligence, i.e., predictability of the result of the bodily injury, and the existence of such predictability should be strictly determined by taking into account specific circumstances, such as the degree of forced indecent act and the state of the victim, and by expanding and interpreting the scope of predictability, Article 15(2) of the Criminal Act should go beyond the limit of liability for negligence and expanding criminal punishment by excluding the purport of harmoniousing the principle of liability with the result of aggravated aggravated crime.

In particular, unlike the crime of indecent act committed by a statutory penalty of not more than 10 years or by a fine not exceeding 15 million won, the crime of bodily injury resulting from indecent act by force is to be punished with imprisonment for life or for not less than 5 years in the same way as the crime of rape or bodily injury resulting from rape.