A. Although there is a fact that the Defendant committed an indecent act by mistake of facts and misapprehension of legal principles by force against the victim, it did not inflict an injury on the victim, even if the victim suffered an injury by the Defendant’s act, it is extremely minor and is not naturally cured and there is no impediment to daily life, and thus, it does not constitute an injury by force.

B. The lower court’s sentence of unreasonable sentencing (two years and six months of imprisonment, and three years of suspended execution) is too unreasonable.

2. Determination

A. Determination of misunderstanding of facts and misapprehension of legal principles 1) If the injured party's body is extremely minor and so there is no need to treat the injured party, and if the injured party's body is naturally cured due to the lapse of the time without receiving treatment, it cannot be deemed that the injured party's physical condition was changed or that his/her life function was hindered, and thus, it cannot be deemed that the injured party's physical or mental condition was damaged. However, such grounds are premised on the fact that the injured party's physical or mental condition was damaged in his/her daily life or that his/her sexual act is the same as that of his/her ordinary injury, even though there is no assault or threat that may suppress the victim's resistance, or that the injured party's physical or mental condition was normal, and whether the injured party's health condition was changed as bad and life function should be determined on the basis of the victim's age, gender, physical or mental condition (see, e.g., Supreme Court Decision 2006Do4236, Nov. 9, 2006).