The appeal is dismissed.

The grounds of appeal are examined.

The crime of indecent act by force includes not only the case of indecent act after the other party makes it difficult to resist by means of assault or intimidation but also the case where the body of the person of assault is recognized as indecent act. In this case, the assault is not necessarily necessary to suppress the other party's will.

An indecent act means an act that causes a sense of sexual humiliation or aversion to the general public and is contrary to good sexual morality, and thus constitutes an infringement on the victim’s sexual freedom. The determination shall be made with careful consideration of the victim’s intent, gender, age, relationship between the offender and the victim prior to the occurrence of the act, circumstances leading to the act, specific form of act, objective situation surrounding the act, sexual morality, etc. (see, e.g., Supreme Court Decisions 83Do399, Jun. 28, 1983; 2015Do6980, 2015Mo2524, Sept. 10, 2015). The lower court rejected the grounds for appeal on the grounds stated in its reasoning, on the grounds of the judgment of the first instance court, since each act of the accused listed in the criminal facts in the judgment of the court of first instance constitutes an exercise of a type of force against the victim’s will and thus, it can be evaluated as an indecent act in the general public’s position, and thus, rejected the grounds for appeal.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court’s determination appears to be based on the legal doctrine as seen earlier, and contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal doctrine regarding the degree of assault and the meaning of the crime of indecent act, or by violating the legal doctrine or the clarity of criminal law.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.