A. misunderstanding of facts and legal principles 1) The Defendant, with the consent of the victim, only caused the victim to become the victim and did not commit an indecent act against the victim’s will, such as the crime in the judgment.

2) In full view of the age of the Defendant and the victim, the relationship between the Defendant and the victim, the circumstances leading to the act, etc., it cannot be evaluated as an indecent act committed by the Defendant as indicated in the judgment.

Nevertheless, the lower court erred by misapprehending the legal principles on the crime of indecent act by mistake or coercion, thereby convicting the facts charged.

B. The sentence of the lower court (one year of imprisonment with prison labor for four months and one year of suspended execution) is too unreasonable.

2. Determination

A. Fact-misunderstanding and legal principles 1) 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 assault or intimidation but also cases where the body of the person committing the indecent act is deemed to be an indecent act. In this case, as long as the assault does not necessarily require the degree of suppressing the other party's intent and the exercise of tangible force against the other party's will is against the other party's will, regardless of its power, it shall be deemed that the indecent act objectively constitutes an infringement on the victim's sexual freedom as an act contrary to the victim's intent, gender, age, relationship before the perpetrator and the injured party's interest, circumstances leading to the act, specific behavior, objective circumstances surrounding the act, and sexual morality at that time, etc. (see, e.g., Supreme Court Decision 201Do2417, Apr. 26, 2002).