The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. Summary of grounds for appeal;

A. The Defendant’s act does not constitute an indecent act committed by the Defendant merely because the Defendant, by misapprehending the legal doctrine, took the victim’s hand, who sits in the next seat at the drinking place of a burner atmosphere, on two occasions.

B. The punishment sentenced by the lower court (2 million won in punishment, 40 hours in total, 200,000 won in punishment) is too unreasonable.

2. Determination

A. As to the assertion of misapprehension of legal principles, 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, and thus infringing on the victim’s sexual freedom. Whether it constitutes such an act shall 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 circumstances leading to such act, the manner leading to such act, objective situation in the surrounding environment, and the sexual moral sense in that time (see Supreme Court Decision 2013Do5856, Sept. 26, 2013). The Defendant and the victim, as of September 26, 2013, were forced to sit behind the victim’s first place on the day of the instant case. The victim was the husband of the victim (the Defendant was on the left side of the victim’s conversation), and the victim was friendly, or the Defendant was unable to have suffered a sense of friendship with the victim or suffered a loss of the victim due to the atmosphere of the victim.

There is no material to see that there is no material to see, that the victim had knife and knife his hand, and that knife with the victim, and that knife with the victim.

G was thought at the investigative agency that at the time the victim was displeasure and that the victim was to move to the place of the victim.

When considering the circumstances that can be recognized by the evidence duly adopted and investigated by the court below, such as the statement, the defendant's act causes sexual humiliation or aversion to the general public and is contrary to good sexual morality.