The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The victims of the crime of indecent act committed by mistake of fact, misunderstanding of the legal doctrine (the part concerning forced indecent act) 1 were not in the position of resistance at the time of each crime.

2) Each crime charged with forced indecent act should be regarded as a crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act in Public Crows).

B. The punishment sentenced by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. Judgment on the misunderstanding of the legal principles 1) Whether the victims were in an impossible state of resistance or not under Article 299 of the Criminal Act

Article 297 and Article 298 of the Criminal Code refer to cases where psychological or physical resistance is absolutely impossible or substantially difficult due to reasons other than loss of mental or physical nature (see Supreme Court Decision 98Do3257 delivered on May 26, 200). According to the evidence duly adopted and examined by the court below, the victims at the time of committing the crime of indecent act by quasi-performance of each of the instant cases are deemed to have been considerably difficult to resist because the victims at the time of committing the crime of indecent act by quasi-performance of the instant case, the defendant's assertion of mistake of facts is without merit.

2) Whether each crime prosecuted as an indecent act by force should be applied to the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Conduct in Public Crows), the Defendant argued to the same effect as the grounds for appeal in the lower court also. The lower court, based on the determination of the Defendant and the defense counsel’s assertion, prosecuted the Defendant as an indecent act by force, rather than a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Conduct in Public Crows), where the Defendant and the defense counsel committed an indecent act by using the victim’s mental or physical loss or resistance status even in a densely concentrated public place

The court below did not err by misapprehending the legal principles, thereby affecting the conclusion of the judgment.

B. Determination of the unfair argument of sentencing is made.