The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although there is a misunderstanding of facts and misapprehension of legal principles as to the victim's buckbucks and sexual organ, there is no fact that the victim's chest was snick.

In addition, physical contact, such as the facts charged, can not be seen as an act against the victim's will because it occurred at the time when the defendant and the victim have a mutual defense.

Even if the defendant thought that the victim did not refuse, there was no intention of forced indecent act.

B. The sentence sentenced by the court below to the defendant (the punishment amounting to five million won, the order to complete a sexual assault treatment program with forty hours) is too unreasonable.

2. Determination

A. 1) Determination of the misapprehension of the legal doctrine on the assertion of mistake of facts or misapprehension of the legal doctrine includes not only an indecent act after the other party made it difficult to resist by assault or intimidation, but also the case where the body of the perpetrator of the assault is deemed to be an indecent act. In this case, the assault does not necessarily require that it be enough to suppress the other party’s intent, and as long as there is a tangible force against the other party’s will, it is against the other party’s will, regardless of the other party’s intention, (see Supreme Court Decision 2001Do2417, Apr. 26, 2002). The term “comfort conduct” is objectively an act contrary to the victim’s sexual moral sense, which causes sexual humiliation or aversion to the general public, and thus infringes on the victim’s sexual freedom. Whether it is so ought to be carefully determined by comprehensively taking into account the victim’s intent, gender, age, relationship between the offender and the damaged person prior to the act, circumstances leading to the act, specific act, objective attitude, and sexual moral sense in the age.

In addition, there is no subjective motive or purpose 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 2019. Sep. 2, 2013).