The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts and improper sentencing) explicitly withdrawn all the remaining arguments (misunderstanding of facts about mental and physical weakness and the performance of official duties) except the following arguments on the second trial date of the trial of the first instance court.

A. Since the Defendant, while making a alcohol alcohol, had a physical contact with the victim, the Defendant had no intention to commit a crime.

B. The sentence of the lower court’s unfair sentencing (a prison term of October, a suspended sentence of two years, a term of 40 hours, a term of 40 hours alcohol therapy, a term of 160 hours alcohol therapy, a term of 160 hours) is too unreasonable.

2. Determination

A. In regard to the assertion of mistake of facts, indecent act is objectively an act that causes 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 constitutes such an act shall be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship between the offender and the victim prior to the occurrence of the act, circumstances leading to the act, specific manner leading to the act, the surrounding objective situation, and the sexual moral sense in that time.

In addition, there is no subjective motive or purpose to stimulate, stimulate, and satisfy sexual desire as a subjective element necessary for the establishment of the crime of indecent act by compulsion (see, e.g., Supreme Court Decision 2013Do5856, Sept. 26, 2013). In light of the foregoing legal doctrine, the instant case is health care unit in light of the foregoing circumstances acknowledged by the evidence duly adopted and investigated by the lower court, i.e., the following circumstances acknowledged by the lower court: ① the victim made a statement at an investigative agency that the Defendant was delivered the Defendant’s body; ② the victim made a statement at the investigative agency to the effect that the victim was suffering from considerable sexual humiliation at the time of the instant case; ③ the victim made a statement to the effect that the victim was suffering from considerable sexual humiliation at the time of the instant case.