A. Error of facts or misapprehension of the legal principle reveals the fact that the defendant was guilty of the victim's misunderstanding of facts.

However, there is no fact that the Defendant did not commit any assault or intimidation against the victim at the time, and there is no enemy who made it difficult to resist the victim, so the Defendant’s act cannot be seen as constituting the crime of indecent act by compulsion.

② In light of the fact that the Defendant was aware of the victim’s hysium and whether it was possible to have sexual intercourse, but the victim was immediately deprived of hysium, and that the victim did not express any intent of refusal at the time, or that the Defendant was aware of the victim’s sexual intercourse, the victim is deemed to have implicitly accepted the above act of the Defendant, and the Defendant did not have any intent to commit an indecent act against the Defendant.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment, two years of suspended sentence, community service order, order to attend school for treatment of sexual assault, restriction on employment) is too unreasonable.

2. Determination

A. The first argument on the assertion of mistake or misapprehension of legal principles is examined as to the first argument. The crime of indecent act by compulsion includes not only an indecent act after the other party makes it difficult to resist by assault or intimidation, but also so-called indecent act in which the act of assault itself is recognized as an indecent act. In particular, in the case of indecent act by compulsion, it does not necessarily require that the act of assault committed at the same time as the act of indecent act is to the extent to suppress the other party’s intent, and at the same time, the act of assault committed against the other party’s will is against the other party’s will (see, e.g., Supreme Court Decision 2019Do15994, Mar. 26, 2020). Although it is not recognized that the defendant used the victim’s assault or intimidation which makes it impossible to resist, the establishment of indecent act by compulsion by force does not interfere with the conclusion of the crime of indecent act by force (see, e.g., Supreme Court Decision 201Do1594, Mar.