The defendant's appeal is dismissed.

1. The court below rendered a judgment dismissing the prosecutor’s request regarding the part of the defendant’s case and the part of the case for which the request to attach an attachment order was filed, and as such, there is no benefit of appeal regarding the part for which the request to attach an attachment order

Therefore, notwithstanding Article 9(8) of the former Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders (amended by Act No. 16923, Feb. 4, 2020), the part of the judgment below regarding the request for attachment order among the judgment below is excluded from the scope of the judgment of this court. Thus, the scope of the judgment of this court is limited to the part of the case of the defendant.

2. Summary of the grounds for appeal;

A. In full view of the grounds of appeal submitted by the Defendant by mistake of facts, the written opinions by the Defendant, defense counsel, etc., the following grounds of appeal are examined.

The Defendant did not have any contact with the victim’s body as stated in the facts charged of the instant case.

Even if such fact is true, this does not interfere with the victim's sexual intercourse only with the victim's sexual organ, and does not intentionally interfere with the victim's sexual organ.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case, which erred by misapprehending the legal principles.

B. The sentence imposed by the lower court on the Defendant (two years of imprisonment, etc.) is too unreasonable.

3. Determination

A. The crime of indecent act by compulsion of the relevant legal principles on the assertion of mistake of facts includes not only cases of indecent act after the other party makes it difficult to resist by assault or intimidation but also so-called indecent act in which the act of assault itself is recognized as an indecent act.

In particular, in the case of indecent conduct, assault that is committed simultaneously with the indecent act is the other party.