The judgment of the court below is reversed, and the case is remanded to Daejeon High Court.

The grounds of appeal are examined.

An indecent act means 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. Whether an act constitutes an act should be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship between the offender and the victim prior to such act, circumstances leading to such act, specific form of act, objective situation surrounding it, sexual morality, etc.

(See Supreme Court Decision 2001Do2417 Decided April 26, 2002, etc.). Moreover, there is no subjective motive or purpose to stimulate sexual humiliation as a subjective element necessary for the establishment of the crime of indecent act by compulsion.

(See Supreme Court Decision 2005Do6791 Decided January 13, 2006, etc.). According to the evidence duly examined by the lower court and the lower court, the following facts are revealed: (a) the Defendant, from the police to the lower court, acknowledged that he was shouldered by the victim; (b) the Defendant’s head was in a state where the Defendant was forced to decliate and have become unable to control the victim’s sexual intercourse; and (c) the Defendant stated that he was in a state where he could not control the victim’s sexual intercourse by explosion; and (d) some of the victim’s statements were made by the victim, but the Defendant consistently stated that the Defendant was intending to kis and carried the chest, and that the Defendant was flick, and that the victim was flick, and the victim may be deemed to have filed a complaint by deeming that the Defendant violated his sexual freedom.

On the other hand, the Defendant’s act is objectively female, even if there was no subjective motive or purpose to stimulate sexual desire as an act in the sense of retaliation against the Defendant’s act of assault by taking the Defendant’s head debt.