The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is as follows: Defendant 1: (a) took night care for the victim who was suffering from Gosan disease while she was engaged in talking, and was able to see the victim’s boom with his hand to see the victim’s breath and hand in order to measure her physical temperature; (b) did not commit an indecent act against the victim; and (c) did not commit an indecent act by force.

At the time of the instant case, the victim was suffering from highly obscencies at the time of the instant case, and thus, the victim distorted the fact that he/she was subjected to indecent conduct from the Defendant who provided nursing for himself/herself due to the circumstance where he/she was able to make a reasonable and her sexual assessment.

Nevertheless, the court below held that the defendant committed an indecent act by force on the basis of the statements of the victim without credibility.

Therefore, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Determination

A. The crime of indecent act by force of the relevant legal doctrine includes not only cases where the other party commits an indecent act after making it difficult to resist by assault or intimidation but also cases where the body of the person who commits the indecent act is deemed to be an indecent act. In this case, the assault is not necessarily required to suppress the other party’s will.

An indecent act refers to an act that causes a sense of sexual humiliation or aversion to the general public and goes against good sexual moral sense, and thus infringes on the victim’s sexual freedom. Whether an indecent act constitutes such an act ought to be determined carefully in full view of the victim’s intent, gender, age, relationship between the perpetrator and the victim prior to such act, circumstances leading to the act, specific form of act, objective situation surrounding the act, and sexual moral sense in the age (see, e.g., Supreme Court Decision 2015Do6980, Sept. 10, 2015). Moreover, a subjective motive or purpose is not required to stimulate, stimulate, and satisfy sexual humiliation as a subjective element necessary for the establishment of the crime of indecent indecent act (see, e.g., Supreme Court Decision 201Do6980.