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. The court below erred by misapprehending the legal principles, which convicted the Defendant, even though the Defendant’s act did not constitute indecent act by compulsion, on the ground that it did not constitute an act of causing a sense of sexual humiliation or aversion, or contrary to good sexual morality, because it did not make it difficult to resist the victim’s resistance.

B. The lower court’s sentence of unreasonable sentencing (fine 5 million won) is too unreasonable.

2. Determination:

A. Prior to the judgment on the grounds for appeal by the defendant's authority, the prosecutor examined ex officio prior to the judgment on the grounds for appeal by the defendant, and the prosecutor applied for changes in the indictment with regard to the previous facts charged as stated in the following facts charged, and since this court permitted this, the judgment of the court below was no longer maintained.

However, despite the above reasons for ex officio reversal, the defendant's assertion of misapprehension of the legal principles is still subject to the judgment of this court.

this subsection shall be pina.

B. As to the Defendant’s assertion of misapprehension of the legal doctrine, the crime of indecent act by compulsion includes not only the case where the other party commits an indecent act after making it difficult to resist by assault or intimidation, but also the case where the act of assault itself is deemed an indecent act. In this case, as long as the assault does not necessarily require the degree of suppressing the other party’s intent, and the exercise of tangible force against the other party’s will is against the other party’s will, regardless of its power, the indecent act is objectively an act that causes sexual humiliation or aversion to the general public and infringes on the victim’s sexual freedom. Whether it constitutes such an act is contrary to the victim’s intent, gender, age, the relationship between the perpetrator and the victim prior to that.