A. The Defendant’s act constitutes an indecent act in the crime of indecent act by force, in light of the following: (a) when the Defendant misunderstanding the victim’s shouldered, expressed the victim’s intent of refusal; (b) the Defendant saw the victim’s shoulder at the time when the victim’s shouldered; and (c) the Defendant made a statement that the victim was suffering of sexual humiliation due to the Defendant’s act.

B. The punishment of the lower court (six months of imprisonment, two years of suspended execution, two years of protection observation) is deemed to be too uneasy and unfair.

2. Determination

A. 1) The summary of this part of the facts charged is that the Defendant, at the time and place as indicated in the judgment of the court below, expressed the victim’s desire to “not to kill the victim, i.e., during the so-called “any one year, i.e., during the so-called arm’s length, i.e., during the arm’s length, i., during the so-called arm’s length, i.e., during the so-called arm’s length, i., during the so-called arm’s length.” The Defendant committed an indecent act by force against the victim.

2) The lower court’s judgment determined as follows based on the evidence duly adopted and examined: (i) the physical part of the victim’s body that the Defendant contacted is a shoulder that makes it difficult to see that the victim’s body is a physical part that causes a sense of sexual shame or aversion; (ii) the Defendant merely caused the shoulder of the victim; (iii) did not go against other sexual acts that may have sexual meaning, such as deceiving the victim’s chest or attempting to become aware of the victim; and (iii) the Defendant’s shouldering of the victim was intended to attract the victim’s attention to the Defendant’s demand for the discharge of his/her obligation, and thus, with the intent of committing an indecent act.

In light of the fact that it is difficult to see the defendant as sexual verbal abuse against the victim.