The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. As stated in the judgment of the court below, the defendant did not make a sexual speech to the victim D or sparly committed indecent acts by force, such as sparing the victim D’s sparingly, and merely did a shouldered act by using a pro-friendly mark, which talked with the victim about the parking problem, but the court below found the defendant guilty of the facts charged of this case.

B. The sentence imposed by the court below (the fine of 5 million won and the order to complete a sexual assault treatment program 40 hours) is too unreasonable.

2. Determination

A. 1) The relevant legal doctrine regarding the assertion of mistake of facts refers to objectively causing sexual humiliation or aversion to the general public and infringing on the victim’s sexual freedom. Whether the act constitutes such act ought to be carefully determined by comprehensively taking into account the victim’s intent, gender, age, relationship between the offender and the victim prior to the act, circumstances leading to the act, specific form of act, objective situation in the surrounding environment, sexual morality, etc. Furthermore, it does not require any subjective motive or objective to stimulate sexual humiliation (see Supreme Court Decision 2013Do5856, Sept. 26, 2013). In full view of the following circumstances acknowledged by evidence duly adopted and investigated by the court below, the Defendant’s written act in the judgment of the court below goes against the victim’s good will, but it is objectively deemed that the victim’s sexual humiliation or aversion was committed in light of the victim’s relationship, the victim’s age and intent, the circumstances and circumstances at the time of the act, and the victim’s sexual reaction and sexual morality.