The defendant's appeal is dismissed.

1. The summary of the defendant's grounds for appeal (fact-finding) is that the defendant had a contact with the victim's body and part of the victim's body during the process of passing the "Esing" entrance at Suwon-si D, and although the victim's statement was reversed in the course of trial, the court below erred by misunderstanding the facts and affecting the conclusion of the judgment by finding the defendant guilty of the facts charged on the basis of the victim's statement

2. The determination of 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 morality, and thus infringing on the victim’s sexual freedom. The determination should be made with careful consideration of the victim’s intent, gender, age, relationship between the offender and the victim prior to such act, circumstances leading to the act, specific form of conduct, objective situation surrounding the act, sexual morality, etc.

In addition, there is no subjective motive or purpose to stimulate 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, etc.). Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, it is reasonable to deem that the victim was in violation of the Defendant’s freedom of sexual self-determination by committing the instant crime, and it does not change even if the victim committed the instant act at the intent of preventing the entrance side of “Esing” and preventing the victim from committing the instant act, contrary to the Defendant’s assertion.

The victim's statement is consistent with the main part of the investigation agency from the court below to the court below's court, and in particular, the victim's statement was sent to the defendant while the victim had the entrance of the above singing room together with the woman's club that had been playing in the "Esing".