A defendant shall be punished by imprisonment for not more than ten months.

However, for a period of two years from the date this judgment became final and conclusive.

A. Although the defendant can evaluate the part of the judgment of the court below concerning the mistake of facts and misapprehension of legal principles as an indecent act in which the defendant gets the victim's grandchildren, the court below judged otherwise and acquitted the defendant, and there is an error of mistake of facts and misapprehension of legal principles.

B. The lower court’s sentence of unreasonable sentencing (one year of suspended sentence in six months of imprisonment) is too uneased and unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

A. A. Around July 21, 2019, the summary of the facts charged in the part of the charge of indecent act by compulsion, the Defendant, at around 21:00 on July 9, 2019, told the victim E (the age of 57) to the restaurant located in Gwangju Mine-gu, that “Ise that I would be bad, I would like to come up. I would have to come up and talk. I would have to come up. I would have to come up. I would have to come up.).” The Defendant’s hand forced the victim’s hand to put the victim’s hand,

B. The judgment of the court below held that an indecent act means an act that causes a sense of sexual shame or aversion to the general public and goes against good sexual morality, which infringes on the victim's sexual freedom. Whether an act constitutes it should be determined carefully by comprehensively taking into account the victim's intent, gender, age, relationship between the perpetrator and the victim before, the circumstances leading to the act, specific manner of the act, the objective situation surrounding the act, and the sexual morality of the times. In light of the above legal principles, the physical part of the victim's contact with the defendant is a hand, and it is difficult to regard it as a physical part causing a sense of sexual humiliation or aversion, and ② the defendant was able to take advantage of the victim's hand, and did not go against other acts having sexual meaning, such as rhying the victim's hand, or intending to become aware of the victim.