A. Of the facts charged, misunderstanding of the legal doctrine and 1) In relation to the charge of indecent act by force under paragraph (1), there was no indecent act committed by the Defendant, even though she saluted the Defendant’s shoulder, by putting the chest on the chest.

2) Regarding the fact that the instant indecent act, among the facts charged, was committed by the Defendant, the Defendant merely conducted physical contact necessary to correct the attitude in the course of teaching golf to the victim, and did not intentionally commit an indecent act against the victim. The physical contact, which is a part of the golf course, does not constitute the exercise of force to the extent that it constitutes the crime of indecent act under the Criminal Act.

3) Nevertheless, the lower court found the Defendant guilty of each of the instant charges due to misunderstanding of facts and misapprehension of legal doctrine.

B. The punishment of the lower court (six months of imprisonment, 40 hours of order to complete a sexual assault treatment program) is too unreasonable.

2. Determination

A. 1) Determination of misunderstanding of facts and misapprehension of legal principles under the Criminal Act: (a) Whether a case constitutes an indecent act by force under the Criminal Act shall be determined by comprehensively taking into account the victim’s intent, gender, age, relationship between the perpetrator and the injured person prior to the occurrence of the act, circumstances leading to the act, specific form of act, and the surrounding objective situation and sexual morality concept (see Supreme Court Decision 2006Do2979, Jan. 25, 2007). (b) Defendant and defense counsel asserted as the grounds for appeal in this part; and (c) the lower court rejected the Defendant and defense counsel’s aforementioned assertion in detail under the title “determination of the Defendant’s assertion” in the judgment.

In full view of the following circumstances revealed by the evidence duly admitted and examined by the court below, the defendant committed an indecent act against the victim as stated in the facts constituting the crime in the judgment below.