A. There was no indecent act against the victims as stated in the facts of the crime, and there was no intention to commit the crime.

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

2. Determination

A. The crime of indecent act by force includes not only cases where the other party commits an indecent act after making it difficult to resist by means of assault or intimidation but also cases where the body of the person who commits the indecent act is deemed to be an indecent act. In this case, the assault is not necessarily required to suppress the other party’s intent.

In a case where an indecent act objectively causes sexual humiliation or aversion to the general public and infringes on the victim’s sexual freedom, it shall be determined by comprehensively taking into account the victim’s intent, gender, age, relationship before the perpetrator and the victim, circumstances leading to the act, specific manner leading to the act, objective situation surrounding the act, sexual morality, etc. (see, e.g., Supreme Court Decision 2001Do2417, Apr. 26, 2002). Meanwhile, it does not require any subjective motive or purpose to stimulate sexual humiliation as a subjective element necessary for the establishment of the crime of indecent act (see, e.g., Supreme Court Decision 2013Do5856, Sept. 26, 2013) and evidence duly admitted and investigated by this court, it is sufficiently recognized that the Defendant intentionally committed an indecent act, such as the victim’s criminal act.

Therefore, the defendant's above assertion is without merit.

A) Compulsory indecent act against the victim F (crime No. 1-A, B, and C) ① The victim F is about the situation at the time of each indecent act in the investigative agency and the court below’s decision.