The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although the Defendant did not have the intent to obtain sexual satisfaction or to commit an indecent act at the time of delivery of the victim’s chest as stated in each of the facts charged, the lower court convicted all of the facts charged. The lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The Defendant was in a state of mental or physical loss or mental weakness due to drinking at the time of each of the instant crimes.

(c)

The punishment sentenced by the court below to the defendant (one year of imprisonment, etc.) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts or legal principles, the term “comfort” means an act objectively causing a sense of sexual humiliation or aversion to the general public and contrary to good sexual morality, which infringes on the victim’s sexual freedom. Whether it is so determined ought to be carefully determined by comprehensively taking into account the victim’s intent, gender, age, relationship between the perpetrator and the victim prior to the occurrence of the act, circumstances leading to the act, specific manner of the act, and the surrounding objective situation, sexual morality, etc.

Furthermore, the subjective constituent elements necessary for the establishment of the crime of indecent act do not require any subjective motive or purpose to stimulate, arouse, and satisfy sexual desire (see Supreme Court Decision 2013Do5856, Sept. 26, 2013). Based on the foregoing legal doctrine, the health care unit in the instant case; the details and details of the crime of indecent act committed on the part of this case lawfully adopted and investigated by the lower court; the details of the crime of indecent act committed on the part of this case; the method of forceful indecent act and indecent act; the Defendant’s speech and behavior at the time of the crime of indecent act; the time when the crime of indecent act was continued; and the crime of indecent act committed on the part of this case.