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. The summary of the grounds of appeal (misunderstanding of facts and misapprehension of legal principles) includes the cases where the body of the person who committed an indecent act is deemed to be an indecent act by the victim. In this case, the assault in this case does not necessarily require that it be enough to suppress the other party's will, and if there is the exercise of tangible force against the other party's will, it is unwritten that it is against the other party's will. Thus, the injured party did not feel immediately after the victim's her her her her her her her son

Although the statement is made, it means that the defendant did not have a little tangible power, and there is no room to suspect that there was an indecent act by the defendant.

In the court of the court below, the defendant also recognized the fact that he was her her butt of the victim, and there is no evidence to suspect the credibility of the F (name of witness)'s statement.

In addition, there is not a subjective motive or purpose to stimulate sexual humiliation as a subjective element necessary for the establishment of the crime of indecent act by force, but a subjective motive or purpose is required to satisfy the sexual desire of the victim. Thus, the defendant's act is evaluated as an act contrary to the good sexual morality in light of social norms, and it cannot be seen as an act that makes the victim feel her her her amb, and the defendant's act cannot be seen as an act that makes him her feel her her at the same time, and thus, the defendant's criminal intent of indecent

Nevertheless, the judgment of the court below which acquitted the defendant is erroneous in the misunderstanding of facts and legal principles.

2. Before determining the grounds for appeal by the Prosecutor, the Prosecutor, ex officio, committed an indecent act by force against a minor under 13 years of age, with the name of the crime at the trial of the party as “indecent act by force against a minor,” and the applicable provision of the law as “Articles 305 and 298 of the Criminal Act,” and at the end of the charges, committed an indecent act by force against a minor under 13

“Indecent act against a minor under 13 years of age.”

“Application for Amendments to Bill of Indictment” was filed by the Prosecutor. This Court is the same as the Prosecutor.