The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles are cited as grounds for appeal. The Defendant’s assertion of misunderstanding of legal principles does not constitute an indecent act in light of the situation at the time, and as a whole, the Defendant’s act does not constitute an indecent act. As such, the Defendant

The facts are judged together with the assertion of factual mistake.

The defendant was aware that the victim was seated on the side of the main point and was frighten of the victim's side, but there was no fact that the chest of the victim was frightened.

In addition, the defendant's behavior may displeasure the victim, but this is merely derived from the intent to see the victim as a breath under the influence of alcohol, and in light of the fact that the defendant is a woman, it cannot be viewed as an indecent act.

B. The punishment of the lower court is too heavy.

2. Summary of the facts charged and the judgment of the court below

A. On May 27, 2016, the Defendant: (a) around May 23:14, 2016, around the main point of “D” located in Gangnam-gu Seoul Metropolitan Government, the Defendant: (b) opened the victim E (the 20-year-old) seated to the next table while drinking together with drinking while drinking together; and (c) opened the victim’s hand toward the right right side of the part; and (d) opened out the victim’s chest.

Accordingly, the defendant committed an indecent act against the victim.

B. The lower court found the Defendant guilty of the instant facts charged based on the victim’s statement and CCTV images, etc.

3. Determination on whether a deliberation was made

A. Legal doctrine’s indecent act is objectively an act that causes sexual humiliation or aversion to the general public and is contrary to good sexual morality, and thus, constitutes an infringement on the victim’s sexual freedom. Whether it constitutes such an act is the victim’s intent, gender, age, relationship before the perpetrator and the victim, circumstances leading to the act, specific manner of the act, and objective manner surrounding the act.