All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. In fact, Defendant 1’s assertion of misunderstanding of facts or misunderstanding of legal principles is true that the Defendant did not commit assault or intimidation against the victim during that process, and the victim did not actively control or express his/her intent of refusal, and thus cannot be deemed to have exercised a tangible force against the victim’s will. Although the victim’s sexual freedom cannot be deemed to have been infringed, the lower court erred by misapprehending the facts or misapprehending the legal doctrine despite the fact that the Defendant did not constitute a crime of indecent act by compulsion, the lower court erred by misapprehending the legal doctrine, which sentenced the lower court to the allegation of unfair sentencing (one year of imprisonment and two years of suspended sentence).

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. The defendant's crime of indecent act by mistake or misapprehension of legal principles includes not only the case where the other party commits an indecent act after making 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 use of force against the other party's will does not necessarily require the degree of suppressing the other party's will, and the use of force against the other party's will is against the other party's will, the indecent act is objectively an act that causes sexual humiliation or aversion to the general public and is contrary to the good sexual moral sense, and thus, it infringes on the victim's sexual freedom. Whether it constitutes it should be determined with careful consideration of the victim's intention, gender, age, relation between the perpetrator and the other party's prior interest, circumstances leading to the act, specific form of act, and the objective situation of the other party's intent and sexual morality.

Supreme Court Decision 200 delivered on April 1, 2002