The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.

1. The summary of the grounds of appeal under the Criminal Act provides that the crime of indecent act by force and the crime of similar rape are commonly referred to as “Assault or intimidation” and the protected legal interest of both crimes is the same as “victim’s sexual freedom or sexual self-determination,” and the so-called “quasi-rape by force” as in the same manner as the indecent act by force is recognized. However, the court below erred in the misapprehension of legal principle in finding a not guilty of the facts charged on

2. Determination

A. At around 13:00 on February 13, 2016, the summary of the facts charged is that the Defendant: (a) left the body of the victim (the victim, 20 years old) who was a customer; (b) taken care of the victim (the victim, 20 years old), and (c) took care of the victim by asking the victim, “I will be healthy; (d) all the old days have taken hand; (e) I will see.g., the Defendant refused to take it; and (e) placed the victim’s finger in the clothes of the victim.”

In 3-4 repeatedly, the victim had been sexually raped.

B. The lower court found the Defendant not guilty on the grounds of the judgment on the following grounds, and found the Defendant guilty of indecent act by compulsion included in the facts charged.

1) In accordance with the assault or intimidation of the crime of similar rape under Article 297-2 of the Criminal Act, the assault or intimidation shall be limited to “the degree of making it impossible or considerably difficult for the victim to resist,” and the so-called “ditable rape” similar to the indecent act of rape cannot be punished as the crime of similar rape. From the beginning, legislation was discussed on the premise that the crime of similar rape is identical or almost similar to the crime of rape, and was stipulated as “Article 297-2 of the Criminal Act,” which is the form derived from the provision of the crime of rape. Furthermore, the statutory penalty for the crime of similar rape is “a limited term of more than two years” and “a statutory punishment for the crime of indecent act of indecent act of force”