The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The defendant does not pay the above fine.

1. In light of the consistent statement made by the victim as well as the statement made by the defendant and her husband with the victim, etc., the judgment of the court below which acquitted the Defendant of the facts that the Defendant had forcedly committed an indecent act by inducing the damaged person as shown in the facts charged in the instant case, is erroneous.

2. Determination

A. The lower court’s judgment, based on its stated reasoning, is difficult to believe the victim’s statement, the only direct evidence that conforms to the facts charged, as is, is the only evidence that conforms to the facts charged, and the remaining evidence submitted by the prosecutor alone is proved to the extent that

It is difficult to see

On the other hand, not guilty of the facts charged of this case was pronounced.

B. (1) 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 person of the act of assault is recognized as an indecent act. In this case, the assault is not necessarily required to suppress the other party’s will.

An indecent act means an act that causes a sense of sexual humiliation or aversion to the general public and is contrary to good sexual morality, and thus infringing on the victim’s sexual freedom. Whether an act constitutes an act ought to be carefully determined by comprehensively taking into account the victim’s intent, gender, age, relationship between the perpetrator and the victim prior to the occurrence of the act, circumstances leading to the act, specific form of act, objective circumstances surrounding the act, and sexual morality in the age (see, e.g., Supreme Court Decision 2015Do6980, Sept. 10, 2015). 2) The victim asserts that the victim brought the victim into the victim with the victim’s own arms while stating that the victim would not attend the victim’s back at the time, and the defendant was “a person who has come to know once” at the time, while taking the victim’s hand in front of the victim.