The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In regard to the mistake of facts (1) The Defendant’s act of indecent act by compulsion is merely bringing his hand over to the victim’s face during the process of an exchange with the victim as a matter of deception, and the Defendant’s head or face is not sufficient with the intent to commit an indecent act against the other party.

Therefore, the judgment of the court below which found the charge of indecent act by compulsion guilty is erroneous and adversely affected by the conclusion of the judgment.

(2) As to the obstruction of performance of official duties, the lower court found the Defendant guilty of the charges of obstruction of performance of official duties even though the Defendant did not assault the victim, who is a police officer, as stated in the facts charged, and thereby adversely affected the conclusion

B. In consideration of various circumstances on the Defendant’s grounds of unfair sentencing, the lower court’s punishment (a fine of eight million won) is too unreasonable.

2. Determination

A. (1) As to the assertion of mistake of facts, the court below held that the determination of whether an indecent act constitutes an indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act should be carefully decided by comprehensively taking into account the victim’s intent, gender, age, relationship between the perpetrator and the victim prior to the act, circumstances leading to the act, specific form of act, objective situation in the surrounding environment and sexual morality concept, etc., and the following circumstances acknowledged by the evidence of the judgment, namely, the defendant is 40 men and the victim did not have any relationship with the defendant as 20 women, and the victim requested a refund from the victim at D store, and the defendant used the victim’s head and seen as the victim’s own head and seen. Even if the victim explicitly expressed his intention of refusal, the victim’s head and seen as continuing to use them, such as the victim’s intention, gender, age, relationship with the victim, friendly relationship with the victim, and specific form and circumstances at the time of the indecent act.