The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal - The subjective motive or purpose should not be required to stimulate sexual humiliation as a subjective element necessary for the establishment of the crime of indecent act by mistake and misapprehension of the legal doctrine, but it should be determined whether the act constitutes an indecent act in light of the circumstances leading to the indecent act, the circumstances after the indecent act, the situation of caution and objective behavior, the relationship with the victim, etc. In full view of the various evidences submitted by the prosecutor, it is recognized that the defendant committed an indecent act with the intent to commit an indecent act with the victim.

2. In light of the following circumstances, the evidence submitted by the prosecutor alone, based on the grounds revealed by the lower court and the evidence examined by the lower court, was proven without a reasonable doubt.

It is difficult to see

The lower court’s determination is correct.

A. In order to establish the crime of indecent act, there should not be a subjective motive or objective to stimulate sexual humiliation, but at least an actor must be aware of the fact that his act objectively causes sexual humiliation to the general public and goes against sexual morality, thereby infringing on the victim’s sexual freedom.

B. In the situation where the passengers who use the subway are congested and concentrated as above in the rapid flight subway during that time period, frequent physical contact is inevitable between passengers who use the subway against their will or regardless of their will. Considering that the use of the subway by passengers under consideration of such inconvenience is common sense, the width of mutual understanding on physical contact or contact among passengers is relatively large in this situation.

I see that it is.

Therefore, even if the defendant's physical contact with the victim C was caused by the concentration of passengers in subway, the other party is due to the act.