The defendant's appeal is dismissed.

1. The summary of the grounds for appeal did not have committed an indecent act by force against the victim by deceiving the victim's sexual organ with the victim's intentional intent, and even if the defendant had the victim's sexual organ, it constitutes an indecent act by force against the minor even if the defendant had the victim's sexual organ, the court below convicted the defendant of the facts charged in this case based on the victim's statement without credibility. The court below erred by misapprehending the rules of evidence, misunderstanding of facts, and misunderstanding of legal principles.

2. The crime of indecent act by force includes not only cases where the other party commits an indecent act after making it difficult to resist by means of assault or intimidation but also cases where the body of the person who commits the indecent act is regarded as an indecent act. In this case, the assault is not necessarily required to suppress the other party’s will.

An indecent act means an act that causes a sense of sexual humiliation or aversion to the general public and is contrary to the good sexual moral sense, which infringes on the victim’s sexual freedom. Whether it constitutes an indecent act shall be decided with careful consideration of the victim’s intent, gender, age, relationship between the perpetrator and the victim prior to the occurrence of the act, circumstances leading to the act, specific form of act, objective situation surrounding the act, sexual moral sense in the age, etc. (see Supreme Court Decisions 2001Do2417, Apr. 26, 2002; 2015Do6980, Sept. 10, 2015). The Defendant asserted to the effect that the lower court did not err in its judgment, etc., and the lower court rejected the allegation in detail.

The following circumstances, which are acknowledged by comprehensively taking account of the aforementioned legal principles and the evidence legitimately adopted and examined by the court below, i.e., the victim’s body, when he/she was off from the swimming pool room at September 5, 1900, a day from September 19, a day from September 19, 200, in the investigative agency, to go back to the swimming pool.