The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant did not commit violence or intimidation against the victim.

The defendant is merely investigating the victim's right bucks once because he/she fails to properly hold his/her body in a narrow vehicle, and does not commit an indecent act against the victim.

However, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. At the time of committing the instant crime, the Defendant was in a physical and mental weak state by drinking alcohol.

(c)

The punishment sentenced by the court below (six months of imprisonment, one year of suspended sentence, and 40 hours of order to complete sexual assault treatment programs) is too unreasonable.

2. Determination

A. The crime of indecent act by force includes not only cases where the other party commits an indecent act after making it difficult to resist by means of assault or intimidation but also cases where the body of the person of the act of assault 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 means an act that causes a sense of sexual humiliation or aversion to the general public and is contrary to good sexual moral sense, which infringes on the victim’s sexual freedom, and whether it is so determined shall 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, circumstances leading to the act, specific form of the act, objective situation in the surroundings, sexual morality, etc.

In addition, there is no subjective motive or objective to stimulate sexual humiliation as a subjective element necessary for the establishment of the crime of indecent act by compulsion (see, e.g., Supreme Court Decisions 2015Do6980, 2015Mo2524, Sept. 10, 2015; 2013Do5856, Sept. 26, 2013). 2) In light of the foregoing legal doctrine, the instant case was lawfully adopted and investigated by the lower court.