The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

except that the ruling shall be made for one year from the date of the final judgment.

Summary of Grounds for Appeal

The judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous in misapprehending the legal principles or affecting the conclusion of the judgment, although there was no fact that the defendant committed an indecent act against the victim C (or 37 years of age), and there was no intentional injury by harming the victim by breaking the floor by the smuggling.

The sentence imposed by the court below on the defendant (two months of imprisonment, two years of suspended execution, two years of probation) on the ground of unfair sentencing is unreasonable.

Judgment

A. The crime of indecent act by indecent act against the mistake of facts or misapprehension of legal principles concerning the act of indecent act by indecent act 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 recognized as an indecent act. In this case, inasmuch as the act of assault does not necessarily require that it is sufficient to suppress the other party’s intent, and the exercise of tangible force against the other party’s will is against the other party’s will, regardless of its force, the indecent act is objectively an act of causing sexual humiliation or aversion to the general public and is contrary to the good sexual moral sense, and thus infringing the victim’s sexual freedom. Whether it constitutes it should be determined with careful consideration of the victim’s intention, gender, age, relationship between the perpetrator and the victim, circumstances leading to such act, specific form of act, objective situation, sexual moral sense of the age.

(See Supreme Court Decision 2001Do2417 delivered on April 26, 2002, etc.). In other words, the following circumstances acknowledged by the evidence duly admitted and investigated by the court below, namely, the victim’s statement from the investigative agency to the court below is the victim’s age club.