The defendant's appeal is dismissed.

Summary of Grounds for Appeal

Although the Defendant did not forcibly commit an indecent act against the victim as stated in the facts charged in the instant case, the lower court which found the Defendant guilty erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. The relevant legal doctrine’s crime of indecent act by compulsion includes not only the case where an indecent act is committed subsequent to making it difficult to resist by assault or intimidation against the other party, but also the case where the act of assault itself is recognized as an indecent act. In this case, as long as the assault does not necessarily require the degree of suppressing the other party’s intent and the exercise of tangible force against the other party’s will, regardless of its force, it does not necessarily constitute an indecent act.

(See Supreme Court Decisions 91Do3182 delivered on February 28, 1992; 94Do630 delivered on August 23, 1994, etc.). “Indecent act” means an act that causes sexual humiliation or aversion to the public objectively and is contrary to good sexual morality and that infringes on the victim’s sexual freedom. Whether it constitutes such an act ought to be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship between the offender and the victim prior to the act, circumstances leading to the act, specific form of the act, objective situation surrounding the act, and the sexual moral sense of that time.

(see, e.g., Supreme Court Decisions 97Do2506, Jan. 23, 1998; 2001Do2417, Apr. 26, 2002). Moreover, there is no subjective motive or purpose to stimulate sexual humiliation as a subjective constituent element necessary for the establishment of the crime of indecent act by compulsion. Moreover, there is no need to establish a subjective motive or objective to stimulate sexual humiliation.

(see, e.g., Supreme Court Decisions 2005Do6791, Jan. 13, 2006; 2013Do5856, Sept. 26, 2013). Meanwhile, when determining the credibility of the statement by the victim, etc., supporting the facts charged, the court determines the credibility of the statement by the victim, etc., whether the statement itself conforms to the rationality, logic, gender, or rule of experience or evidence.