The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

1. Although the defendant's act constitutes an indecent act in light of the gist of the grounds for appeal, the judgment of the court below which acquitted the defendant of the facts charged of this case is erroneous by misapprehending legal principles.

2. Determination

A. 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 violence or intimidation but also the case where the body of the person who committed the assault is deemed to be an indecent act. In this case, as long as the assault does not necessarily require the degree of suppressing the other party’s intent, and the exercise of force against the other party’s will is against the other party’s will, regardless of the force’s force (see, e.g., Supreme Court Decision 2001Do2417, Apr. 26, 2002). In addition, the term “comfort conduct” is objectively an act that causes sexual humiliation or aversion to the general public and goes against the good sexual moral sense, thereby infringing on the victim’s sexual freedom, and whether it constitutes it ought to be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship between the offender and the injured party prior to the act, circumstances leading to the act, specific behavior, objective circumstances surrounding it, etc.

Furthermore, there is no subjective motive or purpose to stimulate, stimulate, and satisfy sexual desire as a subjective element necessary for the establishment of the crime of indecent act (see, e.g., Supreme Court Decision 2015Do6980, Sept. 10, 2015; 2015Mo2524, Sept. 26, 2013; 2013Do5856, Sept. 26, 2013). (b) In full view of the following circumstances duly adopted by the lower court and recognized by the evidence, the fact that the Defendant committed an indecent act against the victim, such as the facts charged, is recognized.

① The Defendant and the victim had no prior to committing the instant crime.

② Examining CCTV images inside the main point where the instant crime occurred, the Defendant sits on the tables.