The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the fact-finding, the Defendant did not have awareness that the Defendant committed an act that may cause sexual humiliation or aversion while reconciliationing with the victim and H, and did not have any awareness that the Defendant would cause sexual humiliation or aversion. Moreover, the Defendant’s act does not constitute the crime of indecent act by compulsion, given that the Defendant’s act does not constitute the crime of indecent act.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 3,00,000 and the sexual assault treatment program of KRW 40 hours) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the evidence in its judgment.

B. 1) “Indecent act” means an act that causes a sense of sexual humiliation or aversion to the general public and goes against good sexual morality, which infringes on the victim’s sexual freedom. It does not require a subjective motive or objective 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). 2) The following circumstances acknowledged by the evidence duly adopted and investigated by the lower court and the first instance court, namely, (i) the victim stated in the circumstance where the victim took the chest of the victim from the investigative agency to the court of the lower court; (ii) the victim’s statement conforms to CCTV images; and (iii) the victim was merely disputed with the victim before the instant case; and (iv) the victim did not have any particular relationship with the victim; and (iii) the victim’s statement is difficult to view that the victim was the victim’s mother or fare.