Even if there is a fact that the defendant f was f's chest, the defendant f's chest part was f's chest while f and f's chest part was f's breast part in the process of putting the clothes with F's chest, so there was no intention of indecent act, and there was no intention of indecent act objectively, causing sexual humiliation or aversion, and contrary to good sexual morality.

It is difficult to view that it constitutes an indecent act that infringes upon the sexual freedom of the F.

Nevertheless, the lower court found the Defendant guilty of the facts charged in the instant case and thereby erred by misapprehending the legal doctrine on the crime of indecent act by compulsion, thereby affecting the conclusion of the judgment.

Judgment

Considering the difference between the original court and the appellate court based on the spirit of the principle of substantial direct examination adopted by the Korean Criminal Procedure Act as an element of the trial-oriented principle, the lower court’s determination on the credibility of the statement made by the witness in the original instance is clearly erroneous in light of the content of the lower judgment and the evidence duly examined in the lower court, or there are exceptional circumstances where maintaining the lower court’s determination on the credibility of the statement made by the witness in the original instance based on the results of the examination of evidence and the results of additional examination of evidence not later than the time of closing argument in the appellate trial, the appellate court should not reverse the lower court’s determination on the credibility of the statement made by the witness only on the ground that the lower court’s determination on the credibility of the statement made by the witness is different from the appellate court’s determination (see, e.g., Supreme Court Decisions 2011Do5313, Jun. 14, 2012; 2008Do4499, Jul. 29, 2010).