The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (the fact-finding) is that the Defendant, at the time of appeal, tried to give a warning to the victim who acts as a guest on two occasions against the person who is in the lapse of the time, has not been able to talk with the victim's sexual organ, such as the facts charged, and did not intend to commit an indecent act against the victim.

In addition, since the victim did not feel sexual humiliation at the time, the defendant's act is not an indecent act.

2. Determination

A. The crime of indecent act by compulsion includes not only cases where the other party commits an indecent act after making it difficult to resist by means of violence or intimidation, but also cases where the act of assault itself is deemed an indecent act. In such a case, an assault does not necessarily require to suppress the other party’s intent, and so long as the exercise of tangible 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 as it goes against good sexual moral sense. Whether it constitutes such an act should be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship before the offender and the victim, circumstances leading to the act, specific form of act, objective situation, and sexual morality of the age (see, e.g., Supreme Court Decision 201Do2417, Apr. 26, 2002).

B. (See, e.g., Supreme Court Decision 2005Do6791, Jan. 13, 2006).

In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, the defendant's sexual intercourse with the victim.