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Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of the facts and legal principles, and the Defendant and the person requesting an attachment order (hereinafter “Defendant”) did not commit an indecent act by force against the victim as stated in the facts charged.
B. The sentence of the lower court (two years of imprisonment with prison labor) against an unjust defendant is too unreasonable.
2. Determination on the defendant's case
A. According to the evidence duly adopted and examined by the court below as to the assertion of misunderstanding of facts and legal principles, it is recognized that the defendant met the part of the victim's arm's length with his/her hands as stated in the facts charged, rhys the victim's left hand with his/her left hand, and rhys down the part of the victim's left side.
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 the other party by means of assault or intimidation, but also the case where the body of the assault is deemed an indecent act. The assault does not necessarily require to suppress the other party’s will. The assault refers to an act that causes sexual humiliation or aversion to the general public objectively and is contrary to good sexual moral sense and thus infringing on the victim’s sexual freedom. Whether it constitutes such an act shall be determined carefully by comprehensively taking into account the victim’s intent, gender, age, the relationship between the perpetrator and the victim before the victim, the circumstances leading to the act, the specific form of the act, the surrounding objective situation, and the sexual moral sense of that time (Supreme Court Decision 2015Do6980 Decided September 10, 2015), ① an adult male victim is a female juvenile under the age of 61, ② the defendant and the victim are women under the age of 17, ② before the victim’s face is displayed, and ③ the victim is one of the victim’s face.