The judgment below is reversed, and the case is remanded to the Seoul Central District Court Panel Division.

The grounds of appeal are examined.

1. “Indecent act” means an act that causes a sense of sexual humiliation or aversion to the general public and goes against good sexual morality, and thus constitutes an infringement on the victim’s sexual freedom. Determination as to whether an indecent act constitutes such act ought to be made carefully by comprehensively taking into account the victim’s intent, gender, age, relationship before the offender and the victim, circumstances leading to the act, specific manner leading to the act, objective situation surrounding the act, and the sexual morality concept of the age (see, e.g., Supreme Court Decisions 2013Do556, Sept. 26, 2013; 2015Do6980, 2015Mo2524, Sept. 10, 2015). Moreover, the subjective constituent elements necessary for the establishment of a quasi-indecent act are sufficient solely with the intent of the victim, and do not require any subjective motive or purpose to lawfully satisfy the sexual desire (see, e.g., Supreme Court Decision 209Do25279, Sept. 26, 2009).

A. At the time of the instant case, the Defendant, who is 46 years of age, 23:5 years of age, was the victim, who was a female under 20 years of age, in the electric trains of subway No. 1 and subway No. 20 years of age, 5 years of age from the heart of the police station at the time of the instant accident. Before that, the Defendant had no one-way-type-type-type-type-type-type-based-

B. Under the influence of alcohol, the Defendant discovered a victim who sits in a seat in the front-time vehicle and has been divinged, and then laid down the victim's seat immediately next to the victim's seat, laid down the victim's shoulder by hand, laid down the part of the victim's shoulder by hand, knee the victim's face into the defendant's knee, and laid down the victim's two arms by hand.

(c)

At the time, the victim was frightened by the defendant, sitting beside the defendant, who is fine to the defendant, and the defendant was placed on the shoulder of the victim and kneeel of the defendant.