The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the Defendant did not assault or threaten the victim, and that the Defendant was spottered with the victim, etc. even before the instant case, resulting in spotteries, etc. are merely expressions made under the agreement with the victim. The physical parts in contact with the victim are unrelated to sexual humiliation, and the Defendant did not have any intent to commit indecent acts against the victim.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case, which erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. Determination on the grounds of appeal, the crime of indecent act by compulsion includes not only the case where the other party commits an indecent act after making it difficult to resist by assault or intimidation against the other party, but also the case where the act of assault itself is recognized as an indecent act. In this case, as long as the use of force against the other party’s will is not necessarily required to suppress the other party’s intent, the assault is against the other party’s will, regardless of its force (see Supreme Court Decision 2001Do2417, Apr. 26, 2002), and “Indecent act” means an act that objectively causes sexual humiliation or aversion to the general public and goes against the good sexual moral sense, and thus infringes on the victim’s sexual freedom, and whether it constitutes it should be determined carefully by comprehensively taking into account 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 act, objective circumstances, and sexual moral sense in the age.

In addition, there is no subjective motive or purpose to stimulate, stimulate, and satisfy sexual desire as a subjective element necessary for the establishment of the crime of indecent act by compulsion.

(See Supreme Court Decision 2013Do5856 Decided September 26, 2013). Also, there is an essential difference in relation to indecent acts against women, depending on the body part.