The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

1. Grounds for appeal;

A. The Defendant’s act of misapprehension of the legal principle as to indecent act by compulsion does not constitute indecent act by compulsion.

B. The lower court’s sentence on the Defendant of unreasonable sentencing (a fine of 2 million won, 40 hours’ order to complete a sexual assault treatment program) is too unreasonable.

2. Determination

A. An ex officio determination of the facts charged of assault is a crime falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent pursuant to Article 260(3) of the Criminal Act.

According to the agreement submitted to the court below on December 31, 2019, which was before the pronouncement of the judgment of the court below after the indictment of this case was instituted by the defendant, it can be recognized that the victim E has withdrawn his/her wish to punish the defendant. Thus, as to this part of the facts charged, the judgment dismissing the prosecution pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act

Therefore, the judgment of the court below that found this part of the facts charged guilty is erroneous in the misapprehension of legal principles.

Therefore, among the judgment below, the part of the crime of assault against victims E cannot be maintained as is.

B. Determination of the misapprehension of the legal doctrine on the crime of indecent act by compulsion is based on the following: (a) In the crime of indecent act by compulsion, an indecent act objectively causes a sense of sexual humiliation or aversion to the general public and infringes on the victim’s sexual freedom as an act contrary to good sexual moral sense. Whether it constitutes such an act ought to be determined after careful consideration of the victim’s intent, gender, age, relationship between the perpetrator and the victim prior thereto; (b) circumstances leading to the act; (c) specific form of act; and (d) the objective situation surrounding the act; and (e) sexual moral sense in the age thereof (see, e.g., Supreme Court Decision 2016Do1773, Feb. 8, 2018). Meanwhile, a subjective motive or purpose should be to stimulate, arouse, and satisfy sexual humiliation as a subjective constituent element necessary for the establishment of the crime