The defendant's appeal is dismissed.

1. Summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles and improper sentencing)

A. The Defendant, in fact, did not see the actual contents of the judgment of the court below (as indicated in the judgment of the court below) as follows: (a) the victim’s bucks are sucks or bucks in a graduate school.

It cannot be seen as an indecent act, and there was no intention to commit an indecent act against the defendant.

The defendant does not have any sing and taxi on the part of the victim's chest.

B. It was true that misunderstanding of the legal principles (as stated in the judgment of the court below 5, 6) the defendant raised with the victim. However, in light of the victim's behavior before and after the case, the defendant committed an indecent act against the victim's will by force.

It is difficult to see it.

(c)

The punishment sentenced by the court below is too heavy.

2. Determination

A. As to the assertion of mistake of facts, the crime of indecent act by force includes not only cases where the other party commits an indecent act after making it difficult to resist by means of assault or intimidation, but also cases where the body of the person committing the indecent act is deemed to be an indecent act by force. In such a case, the assault does not necessarily require that it is sufficient to suppress the other party’s intent, 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 exaggeration.

In addition, indecent acts are acts that cause sexual humiliation or aversion to the general public objectively and are contrary to good sexual morality, which infringe on the victim's sexual freedom.

The issue of whether it is a case shall be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship before the perpetrator and the victim’s interest, the background leading to the act, specific form of act, objective situation in the surrounding environment, sexual morality concept in the age, etc. (see Supreme Court Decision 2001Do2417, Apr. 26, 2002, etc.). In addition, there is an essential difference between the victim’s intention, gender, age, relationship before the perpetrator and the victim’s interest, the circumstances leading to the

It cannot be seen (see Supreme Court Decision 2004Do52 delivered on April 16, 2004, etc.).