The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of erroneous determination of facts, the Defendant only kisk the victims’ grandchildren, etc. by the towing method, and did not have any intention to commit an indecent act as stated in the instant facts charged, and there was no perception that the Defendant’s act constitutes an indecent act.

Nevertheless, the court below convicted the defendant by misunderstanding the facts.

B. The sentence imposed by the lower court on the Defendant (two years of suspended execution in six months of imprisonment, one hundred and twenty hours of community service order, and eight hours of attending order) is too unreasonable.

2. Determination

A. 1) The relevant legal doctrine’s assertion of mistake includes not only cases of indecent acts committed after the other party made it difficult to resist by means of assault or intimidation but also cases where the act of assault itself is deemed to be an indecent act. In such a case, the assault does not necessarily require the degree to suppress the other party’s intent, and inasmuch as the exercise of tangible force against the other party’s will is against the other party’s will, regardless of its force, the indecent act causes sexual humiliation or aversion to the general public objectively and infringes on the victim’s sexual freedom as it goes against good sexual morality. Whether it constitutes such an act shall be determined carefully by taking into account the victim’s intent, gender, age, relationship before the perpetrator and the victim, circumstances leading to the act, specific form of the victims, the objective situation of the victims, and sexual morality of the age (see, e.g., Supreme Court Decisions 201Do3893, Jun. 14, 2012; 201Do12381, Feb. 14, 2012).