The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of the facts and misapprehension of the legal doctrine) is cited as the grounds for appeal by mistake of facts and misapprehension of the legal doctrine. The misapprehension of the legal principle is that the court of the original instance erred by misapprehending the legal principle on forced indecent act, thereby making a mistake of facts, and as a whole, it can be

It is difficult to view the Defendant’s act as an indecent act such as causing sexual humiliation or aversion to the general public objectively, unlike the Defendant’s intent.

2. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, it is reasonable to view the act as stated in the facts charged by the defendant as an indecent act that infringes on the victim’s sexual freedom, by objectively causing a sense of sexual humiliation to the general public and contrary to good sexual morality.

A. It does not require a 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. Thus, the Defendant does not constitute a crime of indecent act by compulsion solely on the fact that the Defendant committed an act identical to that entered in the facts charged with the purpose of indicating friendship.

shall not be deemed to exist.

In light of the circumstances where the act at issue was committed from the perspective of the general public, the determination of whether the act was an indecent act should be made on the basis of whether the other party’s sexual humiliation, etc. was caused and infringed upon the sexual freedom. The relationship between the defendant and the victim, the defendant and the victim did not have any room for development of the relationship with the person in question or the relationship with them, and the first time through the reading group was merely limited through the reading group.

The circumstances leading to the act, the defendant, the victim, and the victim.