The judgment of the court below is reversed.

Defendant shall be punished by a fine of 2.5 million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. It is difficult to view that the Defendant’s misunderstanding of facts and misunderstanding of legal principles is a assault corresponding to a indecent act by misunderstanding of facts and understandings about twice that part of the victim’s back is somewhat somewhat less.

The defendant did not have any intention to commit an indecent act against the victim.

B. The punishment sentenced by the court below on unreasonable sentencing (the fine of 4 million won and the order to attend a sexual assault treatment lecture 40 hours) is too unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

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

In addition, an indecent act is an act that objectively causes sexual humiliation or aversion to the general public and violates good sexual morality, and thus infringes on the victim’s sexual freedom. Whether it is an act or not should be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship before the offender and the victim, circumstances leading to the act, specific form of act, and the surrounding objective situation and the sexual moral sense in the era.

(See Supreme Court Decision 2001Do2417 Decided April 26, 2002, and Supreme Court Decision 2010Do7013 Decided July 22, 2010, etc. (see, e.g., Supreme Court Decisions 201Do7013, Apr. 26,

In light of the above legal principles, this case is examined.

Comprehensively taking account of the following facts and circumstances admitted by the court below according to the evidence duly admitted and investigated, it is recognized that the defendant was aware that the victim's her her her her her her her her her her her her her her her her her her her her her her her her