The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The court below found the defendant guilty of the facts charged in this case, although the defendant misunderstanding of facts was under the influence of alcohol at the time of this case and there was no indecent act against the victim, and even if part of the defendant's body was in contact with the victim's body, it was merely a locked effect on the victim's body, the court below erred by misunderstanding the facts, which affected the conclusion of the judgment.

B. Even if the Defendant was guilty of an unreasonable sentencing, the sentence imposed by the lower court (a fine of five million won) is too unreasonable.

2. Determination

A. As to the assertion of mistake, the crime of indecent act by mistake in law 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 an indecent act. In this case, inasmuch as the assault does not necessarily require the degree of suppressing the other party’s intent, and the exercise of tangible force against the other party’s will is against the other party’s will, it should be determined regardless of the force’s shock (see, e.g., Supreme Court Decisions 2001Do2417, Apr. 26, 2002; 91Do3182, Feb. 28, 1992). The indecent act is an act that causes sexual humiliation or aversion to the general public and is contrary to good sexual morality, and thus, it should be determined lawfully by taking into account the victim’s intent, gender, age, relationship between the offender and the victim, circumstances leading to the act, specific circumstances leading to the act, and sexual morality of 2019.