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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The judgment of the court below convicting the victim of this part of the facts charged even though it did not forcibly commit an indecent act against the victim since the victim's her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her
B. The punishment sentenced by the lower court (eight months of imprisonment, two years of suspended sentence, two years of protection observation, and twenty-four hours of attendance order for treatment of sexual assault) is too unreasonable.
2. Determination
A. (1) Determination on the assertion of mistake of fact 1) The crime of indecent act by force of the relevant legal doctrine 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 of assault 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 power’s resistance.
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 morality, and thus, it constitutes an infringement 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 before the perpetrator and the victim, circumstances leading to the act, specific manner leading to the act, objective situation surrounding the act, and sexual morality in the era (see, e.g., Supreme Court Decision 2001Do2417, Apr. 26, 2002). Moreover, the judgment of the court below on the instant case is not required to have a subjective motive or purpose to stimulate, stimulate, and satisfy sexual humiliation as a subjective element necessary for the establishment of the crime of indecent act (see, e.g., Supreme Court Decision 2005Do6791, Jan. 13, 2006).