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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) In the instant case, Defendant 1 was guilty of this part of the facts charged, and the lower court erred by misapprehending the legal doctrine, even though Defendant 1 was guilty of this part of the facts charged, on the ground that the instant act was not a forced indecent act, since Defendant 1 was her her her her her her her her her her her her her her her her b
2) The lower court’s improper sentencing is too unreasonable.
B. Prosecutor 1) In the act of similarity with the legal doctrine, “sexual flag” includes a woman’s external appearance in the case of a woman, and D’s statement that the defendant had a sexual organ was included in D’s external appearance. As such, the crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the act of sexual intercourse with a minor under 13 years of age) was established. However, the lower court acquitted the Defendant of this part of the facts charged. In so doing, the lower court erred by misapprehending the legal doctrine.
2) Improper sentencing of the lower court is deemed unreasonable.
2. Determination
A. The crime of indecent act by force of judgment on the Defendant’s assertion of misapprehension of the legal doctrine 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 of the act of assault is deemed to be an indecent act. In such a case, insofar as the assault does not necessarily require that it be at least to suppress the other party’s intent, and the exercise of force against the other party’s will does not constitute an indecent act by force, regardless of its force.
Indecent conduct means an act that causes sexual humiliation or aversion to the general public and is contrary to good sexual morality, which infringes on the victim’s sexual freedom. Whether it is so, the victim’s intent, gender, age, relationship between the perpetrator and the injured person prior to the occurrence, circumstances leading to the act, specific form of act, objective situation surrounding the act, sexual morality, etc.