The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although the defendant did not have the intention to commit an indecent act at the time of assertion of fact, the judgment of the court below which found the defendant guilty of the facts charged erred by mistake of fact.

B. The sentence that the lower court rendered (a punishment of KRW 3 million, an order to complete a sexual assault treatment program with 40 hours) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The crime of indecent act by force includes not only the case where the other party commits an indecent act after making it difficult to resist by means of violence or intimidation, but also the case where the body of the person of assault is deemed to be an indecent act. In this case, violence does not necessarily require to suppress the other party's intent, and as long as the exercise of force against the other party's will is against the other party's will, regardless of its force, it shall be deemed that the indecent act objectively causes sexual humiliation or aversion to the general public and infringes on the victim's sexual freedom. Whether it constitutes such act shall be determined carefully by taking into account the victim's intent, gender, age, relationship with the other party, circumstances leading to the act, form of the surrounding act, objective situation, and sexual morality of the time (see Supreme Court Decision 201Do2417, Apr. 26, 2002; Supreme Court Decision 201Do2417, Apr. 26, 2002).