The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (the factual error, misunderstanding of the legal principle) is that the Defendant was engaged in a victim D (hereinafter “victim”) by having ice scke and extending out scke in a timely manner, and the Defendant does not step back the ice toward the chest of the victim by step, like the facts constituting the crime in the lower court.

The upper part of the breast (the part exposed between the neck and the breast) is not the victim's chest, but the upper part of the breast (the part exposed between the ice and the breast).

Although the victim’s act may frightly frighten with the Defendant’s act, such act cannot be evaluated as an act constituting “indecent act” in the crime of indecent act by compulsion.

피고인은 실내가 덥다며 계속해서 부채질을 하고 있던 피해자에게 차가운 얼음을 던져 깜짝 놀라게 하는 장난을 하려는 의도였을 뿐, 추행의 고의도 없었다.

2. Determination

A. “Indecent act” means an act that causes a sense of sexual humiliation or aversion to the public objectively and contrary to good sexual morality, which infringes on the victim’s sexual freedom. Whether an act constitutes an 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 of the act, and the surrounding objective situation and the sexual moral sense of that time, etc.

(see, e.g., Supreme Court Decision 2001Do2417, Apr. 26, 2002). In addition, there is no need to have a subjective motive or objective to stimulate sexual humiliation in the establishment of the crime of indecent act by compulsion.

B. (See, e.g., Supreme Court Decision 2005Do6791, Jan. 13, 2006).

Comprehensively taking account of the evidence examined by the court below, the following facts and circumstances are recognized.

Where the Defendant’s act of assault itself is recognized as an indecent act, the act constitutes “indecent act” in the crime of indecent act, and the intent of indecent act is also recognized.

1 The Defendant, along with F, J, K, etc., who is a native friendly Gu, on July 28, 2015.