The defendant's appeal is dismissed.

1. The summary of the grounds for appeal has no intention to commit an indecent act against the victim.

Nevertheless, the court below pronounced guilty, and there is an error of law by misunderstanding facts and affecting the conclusion of the judgment.

2. Determination

A. Around 18:00 on October 29, 2018, the Defendant’s summary of the facts charged committed indecent act by force by force on the part of the victim’s left side buckbucks, along with the phrase “from the following, it was confirmed that the victim D (Taking part, name) actually sold during the settlement of accounts, and that the victim’s money does not fit.”

B. The judgment of the court below and the defense counsel asserted that the defendant did not have the intent to commit an indecent act against the defendant while recognizing the above facts at the court below, but the court below rejected the defendant's assertion on the following grounds: "The defendant did not have the intent to commit an indecent act against the defendant, taking full account of the fact that the defendant was fuckbucks near the victim's left side with his hand, that the victim made a statement that she would have caused a sense of sexual humiliation, and the circumstances and patterns of the crime, etc., the defendant

C. 1) “Indecent act” means an act that causes a sense of sexual humiliation or aversion to the general public and is objectively contrary to good sexual moral sense, and thus infringing on the victim’s sexual freedom. Whether it constitutes such an act ought to be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship before the offender and the victim, circumstances leading to such act, specific form of act, and the surrounding objective situation and sexual moral sense (see, e.g., Supreme Court Decision 2001Do2417, Apr. 26, 2002). Moreover, a subjective motive or purpose should be required to stimulate sexual humiliation as a subjective constituent element necessary for the establishment of the crime of indecent act by compulsion.