The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. There was no crime of 1 to 3 criminal facts in the judgment of the court below for misconception of facts.

B. The lower court’s sentence of unreasonable sentencing (the fine of 4 million won and the order to complete a sexual assault treatment program 40 hours) is too unreasonable.

2. Determination

A. (1) In light of the following circumstances that can be acknowledged by the evidence duly adopted and investigated by the court below on the assertion of mistake of facts, namely, ① there is no reason to suspect the credibility of the victim’s statement because the victim’s statement is highly specific and consistent, ② a photographic damage from a mobile phone (10 pages of the evidence record) conforms to the victim’s statement, and the Defendant also led to a confession of all the facts constituting an offense in the prosecution, there is proof of all the facts constituting an offense in the first or third of the judgment of the court below.

(2) Meanwhile, the Defendant decided to share the same place with the victim as a person’s relationship before the instant month in relation to the occupation of indecent act by compulsion. The Defendant asserted to the effect that he did not have the intent of committing indecent act by failing to take the body of the victim, not by taking the body of the victim, but by taking the body in order to realize the victim’s genuineness.

“Indecent act” in the crime of indecent act by compulsion and indecent act by compulsion is objectively against the general public’s sexual moral sense and thus infringing on the victim’s sexual freedom. Whether it constitutes such an act ought to be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship between the offender and the victim prior to the occurrence of the act, circumstances leading to the act, specific form of the act, objective situation surrounding the act, sexual moral sense, etc. In addition, a subjective motive or objective is required to stimulate, arouse, and satisfy the sexual desire as a subjective constituent element necessary for the establishment of the crime of indecent act by compulsion.

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