A. As to the public performance and obscenity, it is difficult for E (hereinafter “victim”) who is merely a fourth-year student of an elementary school and who is merely a ten-year student of an elementary school (hereinafter “victim”) to accurately memory a certain point of time in the past in which a specific case occurred, and F, the external appearance of the victim, before the victim, specified the case on the day when the victim and the person requested to attach an attachment order (hereinafter “Defendant”) was sexually exposed to the victim, and F, at the police in 2013. Although F did not clearly state the point of time in the lower court’s trial, it was impossible to find the Defendant guilty of this part of the facts charged despite the fact that it was insufficient to prove that there was sufficient evidence to acknowledge the Defendant guilty of this part of the facts charged.

B. As to the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (13 years of age or minor indecent act), the Defendant’s act of blocking the victim from standing in front of the bicycle and drinking the victim with bad faith, and then taking the victim’s hand against the victim’s hand to give bad faith constitutes an indecent act that may adversely affect the formation of a child’s sexual identity and values, the lower court erred in misapprehending the legal doctrine, or acquitted the victim of the remainder of this part of the charges.

2. Determination

(a)public performance and obscenity;