The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. Defendant: Error of facts (the Defendant did not forcibly commit an indecent act against the victim)

B. Prosecutor: Unfair sentencing

2. The judgment of this Court

A. The summary of the facts charged in the instant case is that the Defendant, around April 22:48, 2013, committed an indecent act by force on the part of the victim by taking the face of the victim by hand in the E-ju store located in Gangnam-gu Seoul Metropolitan Government D, and trying to take the victim’s face into account, and making the victim’s injury.

B. “Indecent act” in the crime of indecent act by compulsion is insufficient to mean that it causes a sense of sexual humiliation or aversion to the general public and goes against good sexual morality, and it is in violation of the victim’s freedom of sexual self-determination (see, e.g., Supreme Court Decision 2011Do8805, Jul. 26, 2012). As long as the crime of indecent act by indecent act by compulsion is an intentional crime, the crime of indecent act by indecent act by indecent act is established only with the awareness

However, the following circumstances acknowledged by the record, namely, the defendant is a man of the second half of the 30th century, and the victim was working in the same workplace as a female of the second half of the 20th century, the victim drank alcohol together with the H, which is the same workplace of the same workplace, and the I and the defendant were delayed, and the I and the defendant were living together with the above workplace, and there is a long time that the defendant attempted to drink the above h and I want to drink, and the she left the above hump because the victim was the end of the defendant. The victim committed an act such as rhying the defendant by themselves close or rhying the above hump of the defendant's front and rear the above hump, and the place where the above case occurred, which was an open space to some extent, the defendant should be able to think that the she had a good sex as the she has an appraisal as a part of the facts charged, and should be allowed by misunderstanding it with each other.