The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. 1) The Defendant did not have committed any indecent act or assault against the victim, and did not have the intent to force the victim to commit any indecent act or assault.

2) Even if the Defendant intentionally assaulted the victim,

In the process of encouraging or punishing the defendant's work, the illegality is excluded as a legitimate act permitted under the social norms by overcoming the part of the victim's shoulder in one time.

B. The sentence of the lower court’s improper sentencing (five million won in punishment, five million won in punishment, and forty hours in attendance order for sexual assault treatment) is too unreasonable.

2. Determination

A. 1 Determination as to the assertion of mistake of fact 1) Determination as to the recognition of the instant forced indecent act and assault ought to be made with careful consideration of the victim’s intent, gender, age, relationship between the perpetrator and the victim prior to his or her act, circumstances leading to his or her act, form of specific act, and sexual morality, etc., which objectively causes a sense of sexual humiliation or aversion to the general public and thus infringes on the victim’s sexual freedom. The determination should be made in full view of the victim’s intent, gender, age, relationship between the perpetrator and the victim prior to the act.

In addition, there is no subjective motive or purpose to stimulate, stimulate, and satisfy sexual desire as a subjective element necessary for the establishment of the crime of indecent act by compulsion (see Supreme Court Decision 2013Do5856, Sept. 26, 2013, etc.). The following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, namely, ① the victim immediately after the instant case stated that he/she was sexually committed by the Defendant against his/her Dong members, and consulted about the measures to cope with the instant indecent act (see Articles 36 through 41, 92, 121, and 123 of the evidence record), ② The victim consulted about the Defendant’s measures to encourage the Defendant’s work and to display his/her quality books (see Supreme Court Decision 2013Do56, Sept. 26, 2013, etc.).