1. In the crime of indecent act by compulsion, indecent act causes an objective sense of sexual humiliation or aversion to the general public and is contrary to good sexual morality, and thus, constitutes an act infringing on the victim’s sexual freedom. Determination of whether an act constitutes such act ought to be made after careful consideration of the victim’s intent, gender, age, relationship between the offender and the victim, circumstances leading to the act, specific form of act, and the surrounding objective situation, sexual morality, etc.

On April 26, 2002, the lower court maintained the first instance judgment that acquitted the Defendant on the ground that the evidence submitted by the prosecutor alone lacks evidence to acknowledge the facts of each of the instant indecent acts and there is no other evidence to acknowledge them. Examining the record in light of the above legal principles, the lower court’s aforementioned determination is acceptable. In so doing, it did not err by misapprehending the legal doctrine regarding indecent acts in the crime of indecent act, or by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

3. Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.