2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, it can be sufficiently recognized that the defendant committed an indecent act by force against the victim. Thus, there is no error of law by mistake of facts as alleged by the defendant in the judgment of the court below. Thus, the above assertion by the defendant is without merit.

After the victim met the defendant, the victim made a very detailed statement about the situation from the defendant's apartment to the defendant's indecent act, the behavior that the defendant had committed at the time, and the change in appraisal after the result of an indecent act. The victim made a statement in detail to the extent that the statement is consistent and difficult to speak without direct experience.

Until this case occurred, the victim seems to have maintained a relatively favorable relationship with the defendant. In addition to the crime of indecent act committed by the defendant, there are no circumstances in which the defendant would have a personal malicious testimony in addition to the crime of indecent act by the defendant, and it is not determined that the victim made a false statement in order to gather the defendant.

Meanwhile, the crime of indecent act by force is established not only where the other party commits an indecent act after making it difficult to resist by means of assault or intimidation, but also where the body of the person who commits the indecent act is recognized as an indecent act. In this case, unless it is not necessarily required to suppress the other party's intention, and there is the exercise of tangible force against the other party's will, it shall be regardless of the power's bruction (Supreme Court Decision 91Do3182 delivered on February 28, 1992).