The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles are only one time of contact with the victim's chest, and there is no fact as the victim might have taken, and the above act by the defendant cannot be viewed as an indecent act in light of the victim's gender, age, behavior attitude, etc.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous in mistake and misapprehension of legal principles.

B. The sentence imposed by the court below on the defendant (two years and six months of imprisonment, four years of suspended execution, etc.) is excessively unreasonable.

2. Determination

A. As alleged in the grounds of appeal, the judgment of the court below 1) held that the Defendant asserted that it does not constitute an indecent act in view of the fact that the Defendant was sexually disabled persons, as shown in the facts charged, only once only once the victim’s chest was her chest, and that the victim is a male son, as alleged in the grounds of appeal. Accordingly, the court below held that “Indecent act is objectively an act that causes a sense of sexual humiliation or aversion to the general public and is contrary to good sexual moral sense, thereby infringing on the victim’s sexual freedom, and whether it constitutes such act should be determined with careful consideration of the victim’s intent, gender, age, relationship between the offender and the victim prior to the act, circumstances leading to the act, specific form of the act, objective situation, and sexual moral sense in that time. If the intent of indecent act by compulsion is recognized to have the awareness and desire of the act itself evaluated as such indecent act, it is not necessary to have a subjective motive or desire to recognize it up to the above evaluation in detail, and there is no need to subjective motive or desire to commit indecent indecent act.