The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, the Defendant, as stated in the judgment of the court below, took the victim into two arms, but the above place is an amusement business establishment called a club, and the victim did not refuse the defendant's act. The above act was committed with the consent of the victim, and it does not constitute an indecent act.

In addition, the defendant had no intention to commit an indecent act.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of five million won, etc.) is too unreasonable.

2. Determination

A. (1) In regard to the assertion of mistake of facts, indecent act in the crime of indecent act by compulsion of relevant legal principles causes sexual humiliation or aversion to the general public objectively and is contrary to the good sexual moral sense, thereby infringing on the victim’s sexual freedom.

The issue of whether it is a case shall be determined carefully by comprehensively taking into account the intent of the victim, gender, age, relationship between the offender and the victim before, the background leading to the act, specific form of act, objective situation in the surroundings, sexual morality concept in the era, etc.

(2) In light of the above legal principles as to the Defendant’s assertion, in light of the legal principles as seen earlier, the following circumstances acknowledged by the lower court, including the victim’s statement in the lower court and the evidence duly admitted and investigated by the lower court, the Defendant committed an indecent act by attracting the victim against the victim’s will against the victim’s intention, and all the Defendant’s indecent act are acknowledged.

At the court of the court below, the victim was scambling, but the following was scambling, and the victim expressed his intention of refusal due to inconvenience.

However, I attempted to go up with the thalthm.

The defendant puts his hand to the bottom of the bridge and leads him to the studio.