The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Fact misunderstanding 1) The Defendant, on January 20, 2016, knee and knee knee knee knee knee kne hne hne hume hume hume humsh. However, the Defendant’s knee was merely a victim’s own discretion, but did not exercise the t

2) Although the Defendant attempted to put his sexual organ into the negative part of the damaged person’s sexual organ, it was not sufficiently inserted, and the Defendant did not exercise a tangible power to suppress the victim’s intent.

3) Nevertheless, the court below found all of the facts charged guilty. The court below erred by misapprehending the facts.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. On January 20, 2016, the crime of indecent act by force is included not only in the case where the other party commits an indecent act after the other party makes it difficult to resist by causing violence or intimidation but also in the case where the body of the person who commits the indecent act is recognized as an indecent act. In this case, the assault is not necessarily required to suppress the other party’s intention.

An indecent act means an act that causes a sense of sexual humiliation or aversion to the general public and is contrary to good sexual morality, and thus constitutes an infringement on the victim’s sexual freedom. The determination shall be made with careful consideration of the victim’s intent, gender, age, relationship before the perpetrator and the victim, circumstances leading to the act, specific manner leading to the act, objective situation surrounding the act, sexual morality, etc. (see Supreme Court Decisions 2001Do2417, Apr. 26, 2002; 2015Do6980, 2015Mo2524, Sept. 10, 2015). The health stand and the lower court duly adopted and investigated the case.