The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

However, for a period of four years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The lower court, by misapprehending the legal doctrine, determined the instant crime as a crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (aggravated Rape, etc.) by misapprehending the legal doctrine, even if the Defendant was found to have committed an indecent act by assault or intimidation against another adult female victim over 30 years old cannot be deemed to have committed an indecent act by force. In so doing, the lower court did not err by misapprehending the legal doctrine on the crime of indecent act by force.

B. The court below's decision on the grounds of unfair sentencing (one year of the suspension of the execution of two years and six months of imprisonment, the probation, social service, 160 hours, and 160 hours of sexual assault treatment) is too unreasonable.

C. An order to disclose or notify the defendant for a period of four years, including where the defendant's personal information is disclosed because it is not likely to repeat a crime against the defendant due to an unfair assertion of disclosure or notification order, and where the defendant's personal information is disclosed due to health food sales business, it is inappropriate to issue

2. Determination

A. The crime of indecent act by compulsion in the misapprehension of the legal principle includes not only the case where an indecent act is committed after the other party makes it difficult to resist by means of assault or intimidation, but also the case where the act of assault itself is deemed an indecent act. In this case, insofar as the assault does not necessarily require the degree of suppressing the other party’s intent and the exercise of force against the other party’s will is against the other party’s will, regardless of the relevant force’s heavy strength.

An indecent act objectively causes sexual humiliation or aversion to the general public and infringes on the victim’s sexual freedom. The issue of whether it constitutes an indecent act is the victim’s intent, gender, age, relationship between the perpetrator and the victim before that time, circumstances leading to such an act, specific form of act, objective situation surrounding the act, and sexual moral sense of that time.