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The prosecutor's appeal is dismissed.
Reasons
1. According to the summary of the grounds for appeal (the factual errors and misapprehension of the legal principle) duly adopted and examined by the court below, it is acknowledged that the defendant attempted to wear the shoulder of the victim and forced the victim to wear the victim, and that the defendant again brought the victim into force by force by the victim again, and that the defendant attempted to wear the shoulder of the victim against the victim's will and thereby, the crime of indecent act by compulsion is established in itself.
However, the judgment of the court below which acquitted the defendant is erroneous in misconception of facts or misapprehension of legal principles.
2. On November 17, 2016, the Defendant, at around 20:00, attempted to take the shoulder of the Victim E (W, 39 years of age), a place of work, in the office of Geumcheon-gu Seoul building C, Geumcheon-gu Seoul Metropolitan Government “D”, as a hand hand, and the victim was pushed the Defendant in his hand and refused, thereby committing indecent act by force against the victim.
3. The crime of indecent act by compulsion of the relevant legal doctrine is a crime that infringes on the individual’s legal interest, namely, the individual’s freedom of sexual liberty. “Indecent act” under Article 298 of the Criminal Act is insufficient to mean an act that causes a sense of sexual humiliation or aversion to the general public and goes against good sexual morality, and thus, infringes on the victim’
In addition, the issue of whether it is a case shall be determined by comprehensively taking into account the victim's intention, gender, age, relationship between the offender and the victim, circumstances leading to the act, specific form of act, and objective situation around it.
In addition, the crime of indecent act by compulsion is established by indecent act by means of violence or intimidation, and the violence or intimidation is required to be such a degree that it is difficult to resist.
The violence, etc. is the resistance of the victim.