The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. The summary of the grounds of appeal is as follows: (a) the defendant did not have the intention of indecent act by compulsion against the victim; and (b) the defendant did not have used assault against the victim; (c) the court below convicted him of the facts charged in this case; and (d) the court below erred by misapprehending

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the crime of this case constitutes a sexual crime subject to a public disclosure order and notification order under Articles 47 and 49 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, which constitutes a sexual crime subject to registration under Article 42 (1) of the same Act, and thus is subject to an order to disclose and notify personal information.

Nevertheless, the lower court found the Defendant guilty of committing the instant crime and omitted judgment on the Defendant’s personal information disclosure order and notification order. In this respect, the lower judgment was no longer maintained.

However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, despite the above reasons for ex officio destruction, and this is examined below.

3. Judgment on the defendant's assertion of mistake of facts

A. The crime of indecent act by compulsion includes not only the case where an indecent act is committed after the other party makes 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, 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, it does not necessarily mean that the assault is against the other party’s will.

An indecent act is an act that objectively causes sexual humiliation or aversion to the general public and is contrary to good sexual morality, and thus, infringes on the victim's sexual freedom, and whether it constitutes such an act or not is the victim's intention, gender, age, and perpetrator and the victim.