All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant’s hand-over her part of the victim’s her part was prudent, and Defendant did not have committed an indecent act by force against the victim with intent to commit an indecent act with intent to commit an act. The lower court found Defendant guilty of a forced indecent act among the facts charged in the instant case. In so doing, the lower court erred by misapprehending the legal doctrine and misapprehending the legal doctrine.

B. Comprehensively taking account of the evidence submitted by the prosecutor such as misunderstanding of facts, the court below found the defendant guilty of the injury caused by forced indecent act among the facts charged in this case and convicted the defendant as an indecent act. The court below erred by misapprehending the legal principles and misunderstanding the facts.

2) Improper sentencing of the lower court is deemed unreasonable.

2. Determination

A. In determining the Defendant’s factual misunderstanding, etc., an indecent act refers to an act that causes a sense of sexual humiliation or aversion to the general public and is contrary to good sexual moral sense and that infringes on the victim’s sexual freedom. Whether an indecent act constitutes such an act ought to be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship before the offender and the victim, circumstances leading to the act, details leading to the act, specific circumstances leading to the act, objective situation surrounding the time, sexual morality, etc. (see Supreme Court Decisions 2001Do2417, Apr. 26, 2002; 2015Do6980, 2015Mo2524, Sept. 10, 2015). Moreover, the victim does not have to have any subjective motive or purpose to lawfully meet the victim’s sexual desire as a subjective element necessary for the establishment of a crime of indecent indecent act, and thus, not to have the victim lawfully adopted the evidence at the present site, i.e., the evidence duly adopted at the victim.