The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

However, for a period of four years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Although there was a misunderstanding of facts and misapprehension of the legal principles, the Defendant did not forcibly commit an indecent act against the victim as stated in the facts constituting an offense in the lower judgment.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the legal principles or affecting the conclusion of judgment.

B. The sentence sentenced by the lower court to the Defendant (two years and six months of imprisonment, and 80 hours of order to complete the course) is too unreasonable.

2. Determination

A. Determination 1 on the assertion of misunderstanding the facts and misapprehension of the legal doctrine includes not only an indecent act after the other party made it difficult to resist by assault or intimidation, but also cases where the body of the person who committed the assault is regarded as an indecent act. In this case, insofar as the assault does not necessarily require the degree of suppressing the other party’s intent and has exercised the form of force against the other party’s will, regardless of its power’s resistance.

An indecent act is an act that causes a sense of sexual humiliation or aversion to the general public and is contrary to good sexual morality, and thus infringing on the victim’s sexual freedom. Whether it constitutes such an act shall be decided with careful consideration of the victim’s intent, gender, age, relationship before the perpetrator and the victim, circumstances leading to the act, specific manner of act, and the surrounding objective situation and the sexual morality of the times (see Supreme Court Decision 2001Do2417, Apr. 26, 2002, etc.). Moreover, it does not require a subjective motive or purpose to stimulate, stimulate, and satisfy sexual humiliation as a subjective element necessary for the establishment of the crime of indecent act (see, e.g., Supreme Court Decision 2005Do6791, Jan. 13, 2006). Meanwhile, the confession made by the defendant in the court of first instance is different from the statement in the appellate court.