The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although the defendant was merely trying to cause the victim to be disadvantaged, and did not commit any act that makes it difficult to resist the victim or cause a sense of sexual shame to the victim, the court below found the defendant guilty of the facts charged in this case, and there is an error of law by misunderstanding the facts, which affected the conclusion of the judgment.

B. The sentence (two million won of fine) imposed by the lower court on the Defendant is excessively unreasonable.

2. Determination

A. The crime of indecent act by force against the assertion of mistake includes not only the case where an indecent act is committed 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, 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 is against the other party’s will, regardless of its force’s fluenction.

An indecent act objectively causes sexual humiliation or aversion to the general public and is an act contrary to good sexual moral sense, and thus infringing on the victim’s sexual freedom. Whether it constitutes such an act shall be determined with careful consideration of the victim’s intent, gender, age, relationship between the perpetrator and the victim prior to such act, circumstances leading to such act, specific form of act, objective situation in the surroundings, sexual morality, etc.

(See Supreme Court Decision 2012Do3893 Decided June 14, 2012) regarding the instant case, the following circumstances acknowledged by each evidence duly adopted and investigated by the lower court, i.e., ① the victim’s body consistently from the investigative agency to the lower court’s trial, i.e., the Defendant’s face and part of the victim.