A. The Defendant did not have any intention by mistake or misapprehension of the legal principle of indecent act by compulsion.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,00 and the order to complete a sexual assault treatment program 12 hours) is too unreasonable.

2. Determination

A. The crime of indecent act by mistake or misapprehension of legal principles includes not only the case where the other party commits an indecent act after making it difficult to resist by means of assault or intimidation, but also the case where the act of assault itself is deemed to be an indecent act. In this case, an assault does not necessarily require that the other party’s intention is at risk of suppressing, and so long as the exercise of tangible force against the other party’s will is exercised, regardless of its force, and an indecent act objectively causes sexual humiliation or aversion to the general public and infringes on the victim’s sexual freedom as it goes against good sexual moral sense. Whether it constitutes such an act should be determined with careful consideration of the victim’s intent, gender, age, relationship before the victim and the victim, circumstances leading to such act, specific form of act, objective situation, and sexual morality of the age.

(See Supreme Court Decision 2001Do2417 Decided April 26, 2002, etc.). Moreover, there is no subjective motive or purpose to stimulate sexual humiliation as a subjective element necessary for the establishment of the crime of indecent act by compulsion.

(See Supreme Court Decision 2013Do5856 Decided September 26, 2013). The following circumstances acknowledged by the evidence duly adopted and examined by the lower court, i.e., (i) the victim states that he/she was only twice bucks in his/her hand, which is objectively an act that causes sexual humiliation or aversion, and (ii) the Defendant itself is the aforementioned facts.