The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. Defendant 1) Since there was no fact that the Defendant committed an indecent act by force against the victim as stated in the facts charged, the lower court convicted the Defendant. 2) The lower court’s sentence of unfair sentencing (two years of suspended execution in August, and forty hours in probation and sexual assault treatment programs) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal by the defendant ex officio, the prosecutor applied for changes in indictment with respect to the defendant as stated in the following facts: the prosecutor applied for changes in indictment with respect to the defendant by this court; and the subject of the trial was changed by this court. Thus, the judgment of the court below is no longer maintained.

Although there is a ground for ex officio reversal, the above argument of mistake of facts by the defendant is still subject to the judgment of this court.

B. The crime of indecent act by force against the defendant's and his defense counsel's assertion of mistake includes not only the other party's act of indecent act after making it difficult to resist by assault or intimidation but also the case where the act of assault itself is recognized as an indecent act. In this case, an assault does not necessarily require that the other party's intention is at least to suppress, and so long as the exercise of force against the other party's will is exercised, regardless of its force. An indecent act causes sexual humiliation or aversion to the general public objectively and infringes on the victim's sexual freedom as an act contrary to good sexual morality. Whether it constitutes such an act is against the victim's will, gender, age, relationship before the offender and the victim, circumstances leading to such act, and specific form of act.