The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

가. 사실 오인 내지 법리 오해 1) 이 사건 공소사실 중 2016. 7. 21. 자 강제 추행의 점 피고인은 피해자를 찾아가 수고한다는 의미로 허리 부위를 툭 치고 어깨에 손을 올린 사실이 있는 바, 피고인과 피해자가 내연관계에 있었다는 점을 고려하면 강제성을 인정하기 어렵고, 사회 상규에 벗어나는 행위로 볼 수 없어 위법성이 없다.

2) Of the facts charged in the instant case, there was no fact that the Defendant forced the victim to commit an indecent act on August 31, 2016, and there was no fact that the Defendant was forced to leave the victim with the wall, and even though the Defendant was faced with the victim’s kisc, the Defendant did not specifically deny the victim’s refusal. As such, it cannot be acknowledged that the Defendant was forced to have the victim of the defect, “a kis kis and booms once and

B. The sentence of the lower court’s unfair sentencing (an amount of eight million won or more, and an order to complete a sexual assault treatment program with forty hours or more) is too unreasonable.

2. Determination

A. On the assertion of factual misunderstanding (the point of each forced indecent act), the crime of indecent act by force of the relevant legal doctrine includes not only cases where the other party commits an indecent act after the other party made it difficult to resist by assault or intimidation, but also cases where the body of the person who committed the assault is deemed to be an indecent act. The assault in this case does not necessarily have to be sufficient to suppress the other party’s will. The assault in this case means an act that causes sexual humiliation or aversion to the general public objectively and goes against good sexual morality and thus infringes on the victim’s sexual freedom. The issue of whether it constitutes such an act shall be determined with careful consideration of the victim’s intent, gender, age, relationship before the offender and the victim, circumstances leading to the act, specific form of the act, objective situation surrounding it, and sexual moral sense of that time (see Supreme Court Decision 2015Do6980, Sept. 10, 2015).