The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. The judgment of the court below that found the defendant guilty of the facts charged is erroneous in the misapprehension of facts, although there was no assault or intimidation in order to establish a indecent act by compulsion, as stated in the judgment of the court below, and there was no assault or intimidation.

B. The sentence imposed by the lower court (two months of imprisonment and forty hours of order to complete a sexual assault treatment program) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the crime of indecent act by compulsion 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 act of assault itself is deemed to be an indecent act. In such a case, the assault does not necessarily require the degree to suppress the other party’s intent, and inasmuch as the exercise of tangible force against the other party’s will is against the other party’s will, regardless of its force, the indecent act causes sexual humiliation or aversion to the general public objectively and infringes on the victim’s sexual freedom as it goes against good sexual moral sense. Whether it constitutes such an act shall be determined carefully by taking into account the victim’s intent, gender, age, relationship before the perpetrator and the victim, circumstances leading to the act, specific form of act, objective situation, and sexual morality of the age of the victim (see, e.g., Supreme Court Decisions 201Do2417, Apr. 26, 2002; 2013Do3129, Jun. 21, 2014).