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The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1 did not commit an indecent act against the victim, such as misconception of facts. 2) The sentence imposed by the lower court on the Defendant (a fine of KRW 700,00 and 16 hours of completing sexual assault treatment programs) is too unreasonable.
B. The prosecutor (unfair form of punishment)’s sentence imposed by the court below against the defendant is too uneasible and unfair.
2. Determination
A. In determining the Defendant’s assertion of mistake of facts, an indecent act that causes sexual humiliation or aversion to the general public and is objectively contrary to good sexual morality, and thus infringing on the victim’s sexual freedom. Whether it constitutes such an act shall be determined with careful consideration of the victim’s intent, gender, age, relationship before the offender and the victim, circumstances leading to such act, specific form of act, and the surrounding objective situation, sexual morality, etc.
(See Supreme Court Decision 2001Do2417 Decided April 26, 2002, etc.). Moreover, there is no subjective motive or objective to stimulate, stimulate, and satisfy sexual desire as a subjective element necessary for the establishment of the crime of indecent act by compulsion.
(see, e.g., Supreme Court Decision 2013Do5856, Sept. 26, 2013). In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, the Defendant may recognize the fact that he/she did dancing on the sexual side of the victim’s sexual organ, as alleged in the facts charged. The Defendant’s act constitutes an indecent act that causes sexual humiliation or aversion to the general public and goes against good sexual moral sense.
The defendant's above assertion of mistake is not accepted.
1. At the time of the occurrence of the instant case, the Defendant: (a) kneeknee and kneeknee of the victim who sits in the apartment room in the apartment room.