The defendant's appeal is dismissed.

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. Since the Defendant misunderstanding of facts is funched with her butt to see the victim, the Defendant did not have any intention to engage in such conduct.

B. The sentence of the lower court’s unfair sentencing (a punishment of KRW 3 million, and a sexual assault treatment program of KRW 40 hours) is too unreasonable.

2. Determination

A. The indecent act of misunderstanding facts is objectively an act that causes sexual humiliation or aversion to the general public and is contrary to good sexual morality, and thus infringing on the victim’s sexual freedom. Whether it constitutes such an act should be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship between the perpetrator and the victim prior to the occurrence of the act, circumstances leading to the act, specific manner of the act, the surrounding objective situation, and the sexual moral sense in that time.

In addition, the subjective constituent elements necessary for the establishment of the crime of indecent act do not require any subjective motive or purpose to stimulate, stimulated, and satisfy the sexual desire (see Supreme Court Decision 2013Do556, Sept. 26, 2013, etc.). In light of the foregoing legal doctrine, the Defendant’s act constitutes an indecent act in light of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court: (i) the Defendant stated at an investigative agency that the Defendant was her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

The charges of this case are found guilty.