The defendant's appeal is dismissed.

Summary of Grounds for Appeal

Although the defendant alleged a misunderstanding of facts did not commit an indecent act against the victim C (or 56 years of age), the judgment of the court below that found the defendant guilty of the facts charged in this case is erroneous and has affected the conclusion

The punishment (three million won of a fine) imposed by the court below on the defendant by asserting unfair sentencing is unreasonable.

Judgment

The crime of indecent act by indecent act against mistake of facts includes not only the case of indecent act committed after the other party makes it difficult to resist by means of assault or intimidation, but also the case of assault itself as an indecent act. In this case, inasmuch as the assault does not necessarily require the degree to suppress the other party's intent, and the exercise of tangible force against the other party's will is against the other party's will, it shall be regardless of its force. The indecent act objectively causes sexual humiliation or aversion to the general public and infringes on the victim's sexual freedom. The issue of whether it constitutes it should be determined carefully by comprehensively taking into account 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 circumstances surrounding it, and sexual morality of the time.

(See Supreme Court Decision 2001Do2417 delivered on April 26, 2002, etc.). In other words, the following circumstances acknowledged by the evidence duly admitted and investigated by the court below, namely, the victim’s statement at the court of original instance, which was held as a witness, is an indecent act by means of 3 to 4 vision, where the victim’s chest was found in the drinking house operated by the investigative agency from the victim to the court of original instance, the reason why the Defendant was found in the drinking house operated by the victim, the reason why the Defendant was incurred in a vision between the victim and the Defendant, and the Defendant’s drinking value due to the drinking value.