The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. 1) The Defendant did not commit an indecent act against the victim as stated in this part of the facts charged, and there was no intention to commit indecent act by compulsion. 2) The Defendant did not have the fact at the time of her clock with the victim, and the Defendant was merely a passive defensive act.

B. The sentence of unfair sentencing (six months of imprisonment, two years of suspended execution, etc.) by the lower court is too unreasonable.

2. Determination

A. 1) Determination on the assertion of mistake or misapprehension of the legal doctrine regarding indecent act by compulsion ought to be made after careful consideration of the victim’s intent, gender, age, relationship between the perpetrator and the victim prior to the act, circumstances leading to the act, specific form of the act, objective situation surrounding the act, and the sexual moral sense in the age, etc. In addition, the intent of indecent act by compulsion is recognized as having the awareness and intent of the act being evaluated as an indecent act, and such evaluation does not need to be considered in detail. In addition, it does not require any subjective motive or purpose to stimulate sexual humiliation as a subjective constituent element necessary for the establishment of the crime of indecent act by compulsion (see Supreme Court Decision 201Do5856, Sept. 26, 2013). The facts charged by indecent act by indecent act need not be acknowledged as having been recorded in the victim’s sexual intercourse, not merely by the evidence duly adopted by the lower court but by the victim.

Such an act objectively causes sexual humiliation or aversion to the general public and is contrary to good sexual morality, which infringes on the victim's sexual freedom.