The defendant's appeal is dismissed.

1. Summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles and improper sentencing)

가. 사실 오인 및 법리 오해 ● 피고인은 발 옆부분으로 피해자의 엉덩이 쪽을 툭 찼을 뿐, 이 사건 공소사실 기재와 같이 피해자의 엉덩이 밑으로 집어넣어 치켜 올리지 않았다.

The actual behavior of the defendant does not constitute a forced indecent act, but did not have the intention to commit an indecent act against the defendant.

B. The punishment of the lower court is too heavy.

2. Determination

A. 1) Determination of the misunderstanding of facts and legal principles as to the assertion of indecent act includes not only the other party’s indecent act but also the case where the body of the person who committed the act of assault is deemed to be an indecent act after making it difficult to resist by assault or intimidation. In this case, as long as the assault does not necessarily require that it would suppress the other party’s intent, and has a tangible force against the other party’s will, regardless of its power, it is objectively against the other party’s will, an indecent act is an act that causes sexual humiliation or aversion to the general public and infringes on the victim’s sexual freedom. Whether it constitutes such an act should be determined carefully by taking into account the victim’s intent, gender, age, relation before the perpetrator and the victim, circumstances leading to the act, specific attitude of the act, and the objective situation surrounding the act, and sexual morality of the time, etc. (see, e.g., Supreme Court Decision 201Do2417, Apr. 26, 2002).