A. In the course of committing the instant crime of mistake of facts, the Defendant did not have assaulted or threatened the victim.

B. The sentence imposed by the court below on the defendant (five years of imprisonment) is too unreasonable.

2. Determination

A. misunderstanding of facts1) The crime of indecent act by compulsion in the part of paragraph (1) of the crime in the judgment of the court below includes not only cases where the other party commits an indecent act after the other party made it difficult to resist by assault or intimidation, but also cases where the assault itself is deemed an indecent act. In such a case, unless the assault does not necessarily require to suppress the other party’s intent, and there is a tangible force contrary to the other party’s will, regardless of its force’s resistance (see, e.g., Supreme Court Decision 2001Do2417, Apr. 26, 2002). According to the evidence duly adopted and examined by the court below, the defendant enters the victim’s room on Aug. 26, 2009, and called “e.g.,” and it is difficult to recognize the fact that the defendant made dancing the victim and made the chest suitable for the victim’s intent, and it constitutes an indecent act by force against the victim’s will. According to the above acknowledged facts, the defendant’s assertion to this part of the judgment below is justified.

We cannot accept this part of the defendant's assertion.

① At the time of committing the instant crime, the victim’s mother was living together with the Defendant and China, and the victim was born to China, depending on her mother-child relationship: