The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant, as stated in the facts of the crime in the judgment below, did not have any fact that there was a misunderstanding of the victim’s personal sagn part of the victim.

B. Legal reasoning: (a) there was an act identical to the facts charged.

하더라도, 피해자는 피고인의 손이 피해자의 음부에서 허벅지까지 스윽 한번 훑었다고

As such, such act cannot be deemed to infringe on the victim's freedom of sexual self-determination, and since there is no means for the defendant to use assault or intimidation against the victim, the crime of indecent conduct is not established.

(c)

The punishment of the lower court (five million won in penalty) that is unfair in sentencing is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Defendant also asserted that this part of the appeal was identical to the grounds for appeal, and the lower court, as to this, can recognize the fact that the Defendant forced the victim to commit an indecent act by explaining the circumstances as stated in its reasoning from 2th to 13th day of the judgment below.

The decision was determined.

Examining the evidence duly admitted and examined by the court below and the circumstances cited as the basis for its determination closely, the above determination by the court below is justified, and there are errors as alleged by the defendant.

subsection (b) of this section.

B. Regarding the assertion of misapprehension of the legal doctrine, 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 deemed to be an indecent act. In such a case, insofar as the assault does not necessarily have to be enough to suppress the other party’s intent and the exercise of force against the other party’s will, regardless of its power, it does not mean that the assault is against the other party’s will.

Indecent acts are acts that cause sexual humiliation or aversion to the public objectively and are contrary to good sexual morality, which infringe on the victim's sexual freedom.