The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. On April 2016, the lower court found the Defendant guilty of an indecent act by force against the Defendant, even though the Defendant was only friendly with the Defendant’s left shoulder and did not use it as an intention to commit an indecent act, on or around April 2016, the lower court erred by misapprehending the legal doctrine or misapprehending the legal doctrine.

B. The sentence of the lower court’s unfair sentencing (the suspension of the execution of six months of imprisonment with prison labor, the suspension of the execution of two years, and the suspension of sexual assault treatment programs for forty hours) is too unreasonable.

2. Determination

A. On April 2016, the summary of this part of the facts charged is as follows: (a) the Defendant: (b) had the intent to report the victim D, which was passed at the Hongcheon-gun Hongcheon-gun Clllllle Park on April 2016; and (c) had his hand write down the victim’s left shoulder.

Accordingly, the Defendant committed an indecent act on the part of the victim.

2) The crime of indecent act by force includes not only the case where the other party commits an indecent act after making it difficult to resist by means of assault or intimidation, but also the case where the body of the person who commits the indecent act is deemed to be an indecent act. In this case, insofar as the assault does not necessarily require the degree of suppressing the other party’s intent and the exercise of force against the other party’s will, regardless of its power’s brupty power.

An indecent act is an act that causes a sense of sexual humiliation or aversion to the general public and is contrary to good sexual moral sense, and thus, it constitutes an infringement on the victim’s sexual freedom. Whether it constitutes such an act should be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship before the perpetrator and the victim, circumstances leading to the act, specific circumstances leading to the act, the surrounding objective situation, and the sexual morality of the times (see Supreme Court Decision 2001Do2417, Apr. 26, 2002, etc.). Moreover, the establishment of the crime of indecent act is a subjective element necessary.