The defendant of misunderstanding of facts is guilty of misunderstanding of facts, even though the victim left the victim's left side and rhythms both sides of the victim's bridge, and did not commit an indecent act against the victim, the court below erred by misunderstanding of facts.

The punishment on the accused of unfair sentencing (one year of imprisonment, two years of suspended execution, and 80 hours of sexual assault treatment) is too unreasonable.

Judgment

In the crime of indecent act by indecent act against mistake of facts, “Indecent act” objectively causes sexual humiliation or aversion to the general public and is contrary to the good sexual moral sense, which infringes on the victim’s sexual freedom.

The determination of whether a case constitutes such a determination ought to be made by comprehensively taking into account the victim’s intent, gender, age, relationship between the perpetrator and the victim prior to the occurrence of the act, circumstances leading to the act, specific form of conduct, objective situation surrounding the act, and sexual morality concept of the age (see, e.g., Supreme Court Decision 2012Do3893, Jun. 14, 2012). The motive or purpose of the victim’s subjective constituent elements necessary for the establishment thereof is not to have the motive or purpose to stimulate sexual humiliation.

(see, e.g., Supreme Court Decision 2009Do2576, Sept. 24, 2009). The lower court determined that the Defendant’s act constitutes “indecent act” and the Defendant’s intentional act constitutes “indecent act” in light of the following circumstances, which can be acknowledged by evidence:

① At an investigative agency, the victim stated that “the Defendant was skikly off the victim, and kiscing the victim to do so.” At the time of the instant case, the victim stated to the effect that “the Defendant was unreshed and kisced.”

(2) The victim was a female student at a middle school of 14 years of age, and the defendant was an adult male of 56 years of age.

(3) The injured party shall have a garbage bag in the family of the injured party, which has gone through a boat and has two times consecutively, and has only one time in one month.