The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. As to the so-called so-called “Indecent Act by indecent act”, unlike the general crime of indecent act by indecent act, the commencement and the number of machines can not be separated, and at the same time the act of assault is completed, and if no physical contact is conducted at least, this constitutes an attempted indecent act, and even though it does not constitute an attempted indecent act by indecent act, the lower court convicted the Defendant of the instant charges by misapprehending the legal doctrine on the so-called “indecent act” and the commencement thereof by arbitrarily expanding the crime of indecent act by force.

B. The sentence imposed by the court below on the defendant (the fine of 5 million won and the order to complete a sexual assault treatment program for 80 hours) is too unreasonable.

2. Determination

A. Determination of the misapprehension of the legal doctrine on the assertion of the crime of indecent act by compulsion 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 deemed an indecent act. In this case, assault is not necessarily required to suppress the other party’s intent. An indecent act refers to an act that causes sexual humiliation or aversion to the general public and infringes upon the victim’s sexual freedom as an act contrary to good sexual morality. Whether it constitutes an indecent act ought to be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship between the perpetrator and the victim before the act, circumstances leading to the act, specific form of the act, objective situation surrounding the act, and the sexual moral sense of the time (see, e.g., Supreme Court Decision 201Do2417, Apr. 26, 2002). In addition, when the act of indecent act by compulsion intentionally exercised force against the other party’s intent, i.e., the act of indecent act by compulsion but did not reach the result.