The prosecutor's appeal is dismissed.

1. misunderstanding of the gist of the grounds for appeal and misunderstanding of legal principles (in spite that it is obvious that the defendant has committed an indecent act against the victim's will by taking his hand against the victim's will, the judgment of the court of first instance that acquitted the defendant is erroneous in misunderstanding of facts and misunderstanding of legal principles that affected the conclusion of the judgment. 2. The judgment of the court of first instance on the charge of indecent act by compulsion does not necessarily require "Indecent act" to satisfy the sexual desire or subjective motive, but at least "indecent act" is an act that causes sexual humiliation or aversion to the general and average person, causes a sense of sexual morality, and infringes on the victim's sexual freedom as an act contrary to the good sexual morality. Whether it falls under this shall be determined carefully by comprehensively taking into account the victim's intention, gender, age, relationship between the offender and the victim before the victim, the circumstances leading to such act, specific form of act, objective circumstances surrounding it, and the sexual morality of the time.

(See Supreme Court Decisions 2004Do52 Decided April 16, 2004, 2009Do2576 Decided September 24, 2009, etc.). We examine the following circumstances acknowledged by evidence duly adopted and examined by the first instance court in the instant case, namely, (i) even according to the victim’s statement, the Defendant was aground for the victim’s shoulder during the short period of time (i.e., the first to second to second to second) and did not take any other action. (ii) The place where the instant case occurred was located, and (iii) the Defendant was at the latest, but was at the latest, and was at the latest, and was at the same time, and (iv) the victim was at the first time, and the victim was at the same time having been a man, and the victim was at the same time having been aware of the fact that he was a person who was not aware of himself, together with the Defendant.