The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles were the victim's appearance at the victim's own examination. However, in light of the motive, situation at the time, and the relationship between the defendant and the victim, the defendant's above act cannot be an indecent act to the extent that it infringes on the victim's sexual self-determination.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

B. Even if the Defendant was found guilty of an unreasonable sentencing, the lower court’s sentence (a fine of 5 million won, 40 hours’ order to complete sexual assault treatment programs, 1 year’s employment restriction order) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts and misapprehension of legal principles, the crime of indecent act by compulsion includes not only the case of indecent act after the other party makes it difficult to resist by means of assault or intimidation, but also the case where the act of assault itself is deemed to be an indecent act. In this case, violence does not necessarily require that the degree of suppressing the other party’s intention is limited, and as long as the exercise of force against the other party’s will is against the other party’s will, regardless of its force’s power

(1) The Majority Opinion argues that the establishment of the crime of indecent act by compulsion is sufficient to establish the crime of indecent act by compulsion, and that the subjective constituent elements necessary for the establishment of the crime of indecent act by compulsion do not require any subjective motive or purpose to stimulate, stimulate, and satisfy sexual desire, as well as the subjective constituent elements necessary for the establishment of the crime of indecent act by compulsion.

(2) In light of the aforementioned legal principles, the Defendant’s act, such as the instant facts charged, is a tangible exercise against the victim’s will, and is itself, based on the following circumstances revealed by the evidence duly admitted and investigated by the lower court. In so doing, the Defendant’s act, such as the instant facts charged, is a tangible exercise against the victim’s will.