On May 5, 2018, at around 03:28, the Defendant committed an indecent act by force against the victim, such as B, etc., who took orders for meals, following the body of the victim C, which was placed in the order of meals, by sculing both shoulders of the victim.

2. The term "indecent act" means an act that causes sexual humiliation or aversion to the general public and is contrary to good sexual morality, which infringes on the victim's sexual freedom;

The issue of whether it is a case shall be determined by comprehensively taking into account the victim's intention, gender, age, relationship between the offender and the victim, circumstances leading to the act, specific manner of act, and objective situation surrounding the act, sexual morality, etc.

(see, e.g., Supreme Court Decision 2016Do21231, Oct. 31, 2017). Taking full account of the following circumstances revealed from the evidence duly adopted and investigated by this Court, the Defendant’s act constitutes an indecent act committed against the good sexual moral sense and causing sexual humiliation or aversion to the general public.

It is difficult to readily conclude that the Defendant had the intention to commit an indecent act, and there is no other evidence to acknowledge it.

The physical part of the victim's body contacted at the time by the defendant is a part that is relatively low sexual public sense in terms of social norms.

B. At the time, the victim was placed an order for food against the Defendant’s daily activities, and when the Defendant’s daily activities were sitting on the table, the victim was placed at the place where the Defendant was placed under the order.

Accordingly, the defendant gets the shoulder of the victim so that he can do so, and he gets flick at the flick.

C. The defendant has lost the victim's shoulder.