The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles (related to the crime of indecent act by compulsion as stated in paragraph (2) of the crime in the judgment of the court below) the defendant only faced with the victim H because he could not see the way properly, and there is no fact that the victim's her son or her son, as stated in the crime in this part, did not have

Even if the son of the defendant was faced with the victim's son's son, there was no intention of the defendant to commit an indecent act against the victim, so the defendant's act does not constitute indecent act.

Nevertheless, the judgment of the court below convicting the defendant of this part of the facts charged is erroneous by misapprehending the facts or by misapprehending the legal principles of indecent act by compulsion.

B. In light of the various sentencing conditions in the instant case of unfair sentencing, the punishment imposed by the lower court (two years and six months of imprisonment, 80 hours of completing sexual assault treatment programs, information disclosure, and notice five years of imprisonment) is too unreasonable.

2. Determination

A. 1) The indecent act on the assertion of mistake of facts is objectively an act that causes a sense of sexual humiliation or aversion to the general public and is contrary to good sexual moral sense, and thus infringing on the victim’s sexual freedom. Whether it is applicable should be determined by comprehensively taking into account the victim’s intent, gender, age, relationship before the offender and the victim, circumstances leading to the act, specific manner leading to the act, objective circumstances surrounding the act, and sexual moral sense of the age (see, e.g., Supreme Court Decision 2001Do2417, Apr. 26, 2002). 2) The defendant at the lower court’s judgment against this part of the facts charged at the lower court, and the lower court, based on such legal doctrine, rejected the defendant’s assertion, i.e., the victim, at the investigative agency and the lower court, taking into account the following circumstances.