The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In the case of a mistake of fact-finding on January 25, 2018, when the victim committed an indecent act by force on January 25, 2018, the Defendant’s grandchildren, etc. contacted the victim’s chest in the process of spreading the Defendant’s arms by leaving the restaurant at the restaurant, and the Defendant’s arms by force do not interfere with the victim’s chest with the intent of indecent act by force.

Therefore, the judgment of the court below that found this part of the facts charged guilty is erroneous in misconception of facts.

B. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The crime of indecent act by compulsion includes not only cases of indecent act after the other party makes it difficult to resist by means of assault or intimidation, but also cases where the act of assault itself is recognized as indecent act.

In this case, as long as the use of force against the other party's will is not necessarily required to control the other party's will, it should be said that the use of force is against the other party's will.

An indecent act is an act that causes a sense of sexual humiliation or aversion to the general public and violates good sexual moral sense, and thus, it is an infringement on the victim’s sexual freedom. Whether it is a case should be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship before the offender and the victim, circumstances leading to the act, specific form of act, objective situation surrounding the act, and sexual morality, etc.

In addition, there is no subjective motive or purpose to stimulate sexual desire as a subjective element necessary for the establishment of the crime of indecent act by compulsion.

(See Supreme Court Decision 2013Do5856 Decided September 26, 2013, etc.). B.

The following circumstances acknowledged by the court below based on the evidence duly admitted and investigated by the court below, i.e. ①.