The prosecutor's appeal is dismissed.

1. Summary of the grounds for appeal (Defendant case);

가. 사실 오인 및 법리 오해( 원심 판시 무죄 부분) 피고인 겸 피부착명령 청구자( 이하 ‘ 피고인’ 이라 한다) 은 피해자가 술에 취해 정신이 없는 상태에서 기습적으로 허벅지에 손을 댔다.

This is a case that constitutes a so-called indecent act, and it is sufficiently recognized that forced indecent act is committed.

Nevertheless, the court below erred by misapprehending the legal principles as to the facts charged on different premises.

B. The sentence sentenced by the lower court to the Defendant (two years of suspended execution in one year and six months of imprisonment, and forty hours of order to attend a course) is too uneasible and unfair.

2. Determination on the defendant's case

A. Determination of misunderstanding of facts and legal principles (related to forced indecent act in the judgment of the court below) refers to an act that objectively 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 the act falls under this, shall be determined carefully by taking into account the victim’s intent, gender, age, relationship between the offender and the victim, circumstances leading to the act, specific manner leading to the act, the surrounding objective situation, and the concept of sexual morality in the era (see, e.g., Supreme Court Decision 2001Do2417, Apr. 26, 2002). The facts charged in this part are as follows. The victim stated that “the defendant was aground for 10 seconds at the victim’s left bucks,” and at the time of the investigation by the prosecution, the victim stated that “the defendant was unable to have made a statement by the police for 10 seconds at the time of the victim’s left bucks (see, e.g., Supreme Court Decision 284 284 Dop.).

Ultimately, the court below's decision was made.