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. Summary of grounds for appeal;

가. 사실오인 피고인은 피해자에게 식당 안에서 담배를 피워도 되는지 물어보기 위하여 피해자를 툭 건드렸을 뿐이므로, 피고인에게는 추행의 의도가 없었다.

B. The sentence imposed by the lower court on the Defendant (two months of imprisonment, two years of suspended execution, two years of probation, forty hours of sexual assault treatment lectures, 80 hours of community service, etc.) is too unreasonable.

2. Determination

A. In determining a mistake of facts, an indecent act in the context of a mistake of facts is objectively an act that causes sexual humiliation or aversion to the general public and is contrary to the good sexual moral sense, and thus infringing on the victim’s sexual freedom. Whether it constitutes such an act shall be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship between the offender and the victim prior to the occurrence of the act, circumstances leading to the act, specific manner of the act, the surrounding objective situation, and the sexual moral sense in that

(See Supreme Court Decision 2001Do2417 Decided April 26, 2002, etc.). Moreover, there is no subjective motive or objective to stimulate, stimulate, and satisfy sexual desire as a subjective element necessary for the establishment of the crime of indecent act by compulsion.

(see, e.g., Supreme Court Decision 2013Do5856, Sept. 26, 2013). According to the foregoing legal doctrine, according to each of the descriptions and images of the following: (a) the Defendant’s partial statement in court; (b) the witness E and F’s respective statutory statement; (c) the investigation report (at the time of departure and CCTV-related reference materials); and (d) the investigation report (Attachment toCCTV Images) the victim’s son’s son’s son who was behind the Defendant’s son was found

Since the above act of the defendant is an act that causes sexual humiliation or aversion to the victim and is against good sexual morality, it constitutes an indecent act, and the defendant's intent to commit an indecent act is recognized.

The defendant's assertion of mistake.