The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, misunderstanding the facts, committed a mistake of misunderstanding the original judgment, thereby finding the Defendant guilty of the facts charged, even though he did not have any intention to commit an indecent act, on the part of the victim, because kisk was kisc to indicate her friendship in a good condition while under the influence of alcohol.

B. The punishment sentenced by the lower court (the penalty amount of KRW 700,000) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the term “comforcing” means objectively causing sexual humiliation or aversion to the general public and infringing on the victim’s sexual freedom, which is in contravention of good sexual moral sense, and whether it is so determined ought to be carefully determined by comprehensively taking into account the victim’s intent, gender, age, relationship before the offender and the injured person, circumstances leading to the act, specific form of act, and the surrounding objective situation, sexual moral sense, etc.

In addition, a subjective motive or objective is not required to stimulate sexual humiliation as a subjective element necessary for the establishment of the crime of indecent act by compulsion (see, e.g., Supreme Court Decision 2013Do5856, Sept. 26, 2013). In light of the foregoing legal doctrine, health class and the following circumstances, which can be seen through the evidence legitimately adopted and examined by the court below, i.e., the Defendant: (a) without any prior notice, followed the victim who was walking along the path; (b) expressed and strongly expressed that the victim’s immediately disobsive intent to the victim; (c) despite the demand to stop the victim; (d) the Defendant was arrested by a police officer dispatched while trying to escape the victim for about 10 minutes, such as leaving the taxi or entering the building; and (d) the victim was exposed to sexual humiliation and aversion due to the police act by the Defendant.

. Specifically;