The prosecutor's appeal is dismissed.

1. The act of using sparing the victim behind the victim, etc. shall be deemed to constitute an indecent act to the extent that the defendant makes the victim feel a sense of sexual humiliation or aversion to the general public;

Nevertheless, the lower court rendered a not guilty verdict of the facts charged on the ground that the Defendant’s act does not constitute an indecent act. In so doing, it erred by misapprehending the facts or by misapprehending the legal doctrine, thereby affecting the conclusion of the judgment

2. Determination

A. “Indecent act” means an act that causes a sense of sexual humiliation or aversion to the general public and is contrary to good sexual morality, and thus infringing 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 between the offender and the victim prior to the occurrence of the act, circumstances leading to the act, specific form of the act, objective situation surrounding the act, and the sexual morality of the time.

(See Supreme Court Decision 2013Do5856 Decided September 26, 2013). B.

In full view of the circumstances acknowledged by the record, the lower court found the Defendant not guilty of the facts charged in this case on the ground that: (a) the act of the Defendant sparing the victim following the victim, etc. objectively causes sexual humiliation or aversion to the general public; (b) it is difficult to view it as an indecent act as contrary to good sexual morality; and (c) there is no other evidence to

Examining the circumstances acknowledged by the record in light of the above legal principles, the above judgment of the court below is just, and there is no error by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.