The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. 1) The Defendant is the victim D (hereinafter “victim”) at the time of the act of entering the facts charged in this part of the charges against indecent acts by force by military personnel, etc. in the lower judgment.

(2) The Defendant did not know his intention of refusal on the ground that there was no assault or intimidation to the extent to make it difficult to resist the Defendant’s act, and that it was difficult for the victim to sufficiently anticipate the Defendant’s act. Accordingly, the Defendant’s act in this part was established by indecent act by indecent act by indecent act by indecent act by indecent act by military personnel, etc., but it was erroneous of mistake of facts that the lower court found the Defendant guilty of the charges by indecent act by indecent act by indecent act by indecent act by indecent act by force by military personnel, etc. was erroneous. (2) The date and time indicated in this part of the charges of special intimidation in this part of the judgment of the lower court stated in this part of the judgment, stating that “the Defendant knife knife knife knife knife knife knif with the victim.” However, at that time, the Defendant did not have a knife or knife knife with the victim.

Nevertheless, the court below unilaterally admitted the victim's statement that the witness F, without conducting a witness examination, led to extreme fear of fear by the defendant's act and found him guilty of this part of the facts charged. The court below erred by misapprehending the legal principles, violating the rules of evidence, and failing to exhaust all necessary deliberations.

B. The sentence imposed by the lower court (one year of imprisonment, two years of suspended execution, etc.) is too unreasonable.

2. Determination

A. (1) On the assertion of mistake of facts, etc., the crime of indecent act by compulsion by the relevant legal doctrine is not only an indecent act committed after the other party makes it difficult to resist by assault or intimidation against the other party, but also an indecent act itself.