The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. There is no misconception of facts and misapprehension of legal principles regarding the defendant's side interest by the victim, such as the statement in the facts charged.

Even if the defendant was the victim's side interest, the defendant became the victim's side interest

Even if the act can not be seen as an indecent act by compulsion.

The court below found the defendant guilty of this part of the facts charged is erroneous in the misapprehension of legal principles.

B. At the time of committing the instant crime, the Defendant was under a state of being treated as at least one year due to sulfur disorder and depression, and was in a state of mental disorder or mental disorder by drinking.

C. The sentence imposed by the lower court (six months of imprisonment, two years of suspended execution, and forty hours of attendance in sexual assault treatment programs) is too unreasonable.

2. Determination

A. The crime of indecent act by compulsion of mistake and misapprehension of legal principles regarding the part of indecent act by compulsion includes not only the other party's act of indecent act after the other party made it difficult to resist by means of assault or intimidation, but also the case where the act of assault itself is recognized as an indecent act. In this case, inasmuch as the assault does not necessarily require the degree of suppressing the other party's intent, and the exercise of tangible force against the other party's will is against the other party's will, regardless of the power's exaggeration (see, e.g., Supreme Court Decisions 94Do630, Aug. 23, 1994; 91Do3182, Feb. 28, 1992). An indecent act is objectively an act that causes sexual humiliation or aversion to the general public and infringes on the victim's sexual freedom. Whether it constitutes an indecent act ought to be carefully considered in light of the victim's intent, gender, age, relationship between the offender and the victim, the relation before the act, specific circumstances leading to the act, and objective circumstances of sexual morality.