1. The crime of indecent act by force includes not only the case where the other party commits an indecent act after making it difficult to resist by means of assault or intimidation but also the case where the body of the person who commits the indecent act is deemed to be an indecent act. In this case, the assault must not necessarily be enough to suppress the other party’s will.

Indecent acts are acts that cause sexual humiliation or aversion to the public objectively and are contrary to good sexual morality, which infringe on the victim's sexual freedom.

The determination as to whether it constitutes a crime of indecent act ought to be prudently determined by comprehensively taking into account the victim’s intent, gender, age, relationship between the perpetrator and the victim prior to such act, circumstances leading to such act, specific circumstances surrounding the act, and sexual morality concept of the age (see, e.g., Supreme Court Decision 2013Do7838, Sept. 25, 2014). Moreover, a subjective motive or purpose is not required to stimulate sexual humiliation as a subjective element necessary for the establishment of the crime of indecent act (see, e.g., Supreme Court Decision 2013Do586, Sept. 26, 2013). 2. According to the reasoning of the lower judgment and duly adopted evidence, the Defendant’s act of raising the victim’s shoulder from behind the victim who was sleeping his lue sof as well as his/her second hand.

Furthermore, according to the evidence duly admitted, the following circumstances are revealed.

A. The Defendant is the guardian of the patient hospitalized in C hospital, and the victim is a cleaning employee of the above hospital, and even if there is a scambling with the victim before the victim as alleged by the Defendant, it is only a few times, and it does not have a close relation to the degree of physical contact.

B. The victim made a statement that is not consistent with objective facts by stating that “the Defendant saw to have a lush, not a shoulder.”