The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three months.

However, for one year from the date this judgment becomes final and conclusive.

1. The gist of the grounds for appeal is that the Defendant was too excessive in subway, thereby making the Defendant’s hand in contact with the victim’s breast part, but did not intentionally commit an indecent act by deceiving the victim’s chest.

The judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.

2. Determination. A.

Before the judgment on the grounds for appeal for ex officio, the prosecutor applied for the amendment of an indictment with the purport that the prosecutor changed “the chest on the left chest once” from among the facts charged in the instant case to “one time”, and the judgment of the court below was no longer maintained since the subject of the judgment was changed by this court’s permission.

However, the defendant's assertion of mistake of facts is valid as it is.

B. 1) Determination of the assertion of mistake in the crime of indecent act by compulsion under the Criminal Act is objectively an act that causes a sense of sexual humiliation or aversion to the general public and contrary to good sexual morality, and thus infringing on the victim’s sexual freedom or sexual self-determination. Determination of whether an act constitutes such act ought to be made carefully by comprehensively taking into account the victim’s intent and gender, age, relationship between the offender and the victim before, the circumstances leading to the act, the specific form of act, the objective circumstances surrounding the act, and the sexual morality of the times. Furthermore, it is not necessary to have a 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 Decision 2013Do5856, Sept. 26, 2013). According to the evidence duly adopted and duly examined by the lower court, it is sufficient that the lower court has a perception that an act that may cause sexual humiliation or aversion to the other party.