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 court below found the defendant guilty of the facts charged in this case, although the defendant merely kisk on the part of the victim's kisk, and did not have the intention of indecent act by force, in spite of the fact that he did not have the intention of indecent act by force. The court below erred by misapprehending the facts, which affected the conclusion of the judgment.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the crime of this case constitutes a sex offense subject to a disclosure order and notification order under Articles 47 and 49 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, which constitutes a sex offense subject to registration under Article 42 (1) of the same Act, and thus is subject to an order to disclose and notify personal information.

Nevertheless, the lower court found the Defendant guilty of committing the instant crime and omitted judgment on the Defendant’s personal information disclosure order and notification order. In this respect, the lower judgment was no longer maintained.

However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, despite the above reasons for ex officio destruction, and this is examined below.

3. Judgment on the defendant's assertion of mistake of facts

A. The crime of indecent act by compulsion includes not only the case where an indecent act is committed after the other party makes it difficult to resist by means of assault or intimidation, but also the case where the act of assault itself is recognized as an indecent act. In this case, insofar as the assault does not necessarily require the degree of suppressing the other party’s intent and the exercise of force against the other party’s will, it does not necessarily mean that the assault is against the other party’s will.

Indecent acts are acts that cause sexual humiliation or aversion to the general public objectively and are contrary to good sexual morality.