The defendant's appeal is dismissed.

Summary of Grounds for Appeal

A. misunderstanding of facts and misunderstanding of legal principles are only based on the victim's friendlyness with the victim, and there is no fact that the victim's bucks or bucks caused the victim's bucks.

This act does not constitute indecent act by compulsion in light of the relationship between the defendant and the victim or the situation at the time, and the defendant did not have the intention to commit indecent act against the victim.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment, two years of suspended sentence, etc.) is too unreasonable.

Judgment

A. The judgment on the assertion of mistake of facts and misapprehension of legal principles (1) contains not only the case where an indecent act is committed after the other party makes it difficult to resist by means of assault or intimidation, but also the case where the act of assault itself is recognized as an indecent act. In this case, the assault does not necessarily require the degree to suppress the other party’s intent, and the exercise of force against the other party’s will is against the other party’s will, regardless of its power, so long as it does not necessarily require that the assault is against the other party’s will.

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 infringing on the victim’s sexual freedom. Whether it constitutes an indecent 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 such act, circumstances leading to such act, specific form of act, objective situation surrounding it, sexual morality, etc.

(See Supreme Court Decision 2001Do2417 Decided April 26, 2002, and Supreme Court Decision 2015Do6980, 2015Mo2524 Decided September 10, 2015, etc.). Moreover, a subjective motive or objective is not required to stimulate, stimulate, and satisfy sexual desire as a subjective element necessary for the establishment of the crime of indecent act by compulsion.

Supreme Court Decision 201No. 26. 9. 201