The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant merely bucks down the victim’s bucks by hand on the wind where a car is rapidly parked and did not intentionally commit an indecent act on the part of the victim.

B. The lower court’s sentencing (the amount of a fine of three million won and the amount of 40 hours ordered to complete a sexual assault treatment program) is too unreasonable.

2. Determination

A. 1) Determination on the assertion of mistake of facts refers to an indecent act in the crime of indecent act by force, which causes an objective sense of sexual humiliation or aversion to the general public and is contrary to good sexual morality, and thus infringes on the victim’s sexual freedom. Determination of whether an indecent act constitutes this ought to be carefully determined by comprehensively taking into account the victim’s intent, gender, age, the relation between the offender and the victim before, the circumstances leading to the act, the specific manner leading to the act, the objective situation surrounding the act, and the sexual moral sense of the times (see, e.g., Supreme Court Decisions 2015Do6980, 2015Mo2524, Sept. 10, 2015; 2001Do2417, Apr. 26, 2002). In light of the aforementioned legal principles, the lower court’s subjective motive or purpose is not required to acknowledge the Defendant’s intentional indecent act at the time of committing the crime of indecent act by force (see, e.g., Supreme Court Decisions 2005Do1635365.

The lower court did not err by misapprehending the facts and adversely affecting the judgment.

① 피해자는 수사기관에서 "제가 대리운전을 하는데 손님이 조수석에 앉아서 제 우측 허벅지 상단을 자기 손으로 1번 콱 움켜쥐어서 추행했어요,

As soon as possible, the signal has occurred, and the car bucks should be cut off, but while the person is entering the destination time into a mobile phone, he himself bucks.