The appeal is dismissed.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the grounds of appeal on force, “defensive force” refers to the ability sufficient to suppress the victim’s free will. Since it is not tangible, intangible, or intangible, it is possible to use not only assault and threat, but also social economic and political status or authority of the offender. Whether sexual intercourse or indecent act was committed by force or by force shall be determined by comprehensively taking into account all the circumstances, including the content and degree of the force exercised, the type and degree of the offender’s status or authority, the victim’s age, the relationship between the offender and the victim prior to such act, the circumstances leading to such act, the specific form of act, and the circumstances at the time of the crime.

(1) In light of the legal principles as seen earlier and the evidence duly admitted by the lower court, the lower court is justifiable to have found the Defendant guilty of indecent act by force among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, it did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles as to indecent act by force, contrary to what is alleged in the grounds of appeal.

2. Where there is no concern that the defendant's exercise of his/her right to defense may not be seriously affected on the grounds of appeal on Amendments to Bill of Indictment, it does not violate the principle of no accusation even though the court recognized the facts different from the facts charged without going through

(see, e.g., Supreme Court Decisions 90Do153, Nov. 13, 1990; 201Do1651, Jun. 30, 201). According to the reasoning of the lower judgment, the lower court does not deny the fact that the Defendant committed an indecent act against the victim.