The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The lower court found the Defendant guilty of committing indecent acts in public concentrated places included in the same charges on the ground that it is difficult to view it as an exercise of force, and that it was an indecent act in the case of forced indecent act, even though it is difficult to view it as an exercise of force, by misapprehending the legal doctrine 1).

The court below erred by misapprehending the legal principles, thereby affecting the conclusion of the judgment.

2) The sentence that the lower court rendered unfair sentencing (2 million won in penalty and 40 hours in sexual assault treatment programs) is unhutiled and unfair.

B. The Defendant did not have any her her sentator.

2. Determination

A. As to the prosecutor’s assertion of misapprehension of the legal doctrine, the crime of indecent act by force includes not only cases where the other party commits an indecent act after making it difficult to resist by means of assault or intimidation but also cases where the body of the act of assault is deemed to be an indecent act. In this case, as long as the assault does not necessarily require the degree of suppressing the other party’s intent and the exercise of tangible force against the other party’s will is against the other party’s will, regardless of its force’s resistance (see Supreme Court Decisions 2001Do2417, Apr. 26, 2002; 2013Do5856, Sept. 26, 2013), Article 13 of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof provides that “a person who commits indecent act against the other party at public means of transport, public performance, meeting place or other densely concentrated places” shall be punished by imprisonment with prison labor for not more than one year or by a fine not exceeding 3 million won, and the above provision provides that it may be subject to the public’s access to society and public places.