The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. In full view of the victim’s statements in the gist of the grounds of appeal, the Defendant’s intentional act is recognized.

On the contrary, the court below judged that the defendant did not have intention to commit an indecent act, and there is an error of mistake or misunderstanding of legal principles.

2. Determination

A. The indecent act in the relevant legal principles is objectively an act that causes 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 it constitutes such 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 the occurrence of the act, circumstances leading to the act, specific form of the act, objective circumstances surrounding the act, and sexual moral sense in that time.

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

(Supreme Court Decision 2005Do6791 Decided January 13, 2006, and Supreme Court Decision 2013Do5856 Decided September 26, 2013). B.

The lower court determined that the evidence alone, which was submitted by the prosecutor, was insufficient to recognize that the Defendant had the intention to commit an indecent act by taking account of the following: (a) the fact that the Defendant was living together with the Defendant’s earphone, and the fact that the Defendant appears to have committed the instant act in order to urge the victim to take care of the victim’s attention in order to give the victim who could not hear the Defendant’s speech

However, the following facts and circumstances acknowledged in accordance with the evidence duly adopted and examined by the court below and the court below, i.e., the defendant met as the victim's left shoulder part of the victim's left shoulder, ii) the victim feel a sense of sexual humiliation, iii) the defendant suffered a sense of sexual humiliation.