Although misunderstanding of facts and misunderstanding of legal principles are the fact that the defendant is aground for the shoulder of the victim, there is no fact that the victim's refusal to do the act was immediately suspended, and the victim was spared.

In addition, it does not constitute indecent acts by compulsion because the defendant's loss is aground in the victim's shoulder and does not reach the degree of difficulty in resisting the victim's resistance.

Nevertheless, the judgment of the court below which convicted the Defendant of the facts charged of this case is erroneous by misapprehending the legal principles.

The sentence of the lower court on unreasonable sentencing is too unreasonable.

Judgment

The crime of indecent act by compulsion of the legal principles regarding determination of mistake and misapprehension of legal principles includes not only cases of indecent act after the other party makes it difficult to resist by means of assault or intimidation, but also cases where the act of assault itself is deemed an indecent act. In this case, the assault is not necessarily necessary to suppress the other party’s will.

An indecent act means an act that causes a sense of sexual humiliation or aversion to the general public and is contrary to good sexual moral sense, which infringes on the victim’s sexual freedom, and whether it is so determined shall be determined with careful consideration of the victim’s intent, gender, age, relationship between the offender and the victim prior to such an act, circumstances leading to the act, specific form of act, objective situation in the surroundings, sexual morality, etc.

(2) According to the reasoning of the lower judgment, the Defendant and the victim are aware of the fact that the Defendant became aware of the victim in order to raise the victim to the elevator in the time frame stated in the facts constituting the crime in the lower judgment, and that the Defendant and the victim are aware of the following circumstances recognized by the aforementioned evidence, i.e., the Defendant and the victim of the instant case, based on the aforementioned evidence.