The judgment below is reversed, and the case is remanded to the Seoul High Court.

The grounds of appeal are examined.

1. “Indecent act” means an act that causes a sense of sexual humiliation or aversion to the general public and is contrary to good sexual morality, and thus infringing on the victim’s sexual freedom. Whether an indecent act constitutes an indecent act ought to be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship before the offender and the victim, circumstances leading to the act, specific manner leading to the act, objective situation surrounding the act, and the sexual morality concept of the age (see, e.g., Supreme Court Decisions 2001Do2417, Apr. 26, 2002; 2013Do5856, Sept. 26, 2013). Moreover, the subjective constituent elements necessary for the establishment of a crime of violation of the Act on the Protection of Children against Sexual Abuse (a indecent act, such as deceptive scheme) are sufficient solely with the intent of the victim, and the subjective motive or purpose is not required to properly satisfy the sexual desire (see, e.g., Supreme Court Decision 2006Do16715, Jan. 13, 2019, 206).

(1) The victims were female students aged between 15 and 16 at high schools, and the Defendant had become aware of the victims while serving as a senior teacher of the victims from March 2015.

In light of the victim's age, the victim's age, and the relationship between the victim and the defendant at the time of emotionally sensitive and emotional formation of sexual identity and values, it is not deemed that the victims naturally and naturally have a physical contact with the defendant without any particular refusal.

(2) The Defendant formed a sufficient close relationship with the victims.

From March 2015, the beginning of a semester, which was difficult to see, began to conduct an act of not singinging the victims’ humbry, etc. from around March 2015, and up to September 2015, a group of victims with their humbrym or tum with their upper part.