A. Defendant 1) Although Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes applies to the Defendant’s indecent act on a bus which is a means of public transportation, Defendant 1 is guilty by applying Article 7(4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 299 of the Criminal Act, the lower court’s judgment is erroneous by misapprehending the legal doctrine. 2) The sentence imposed by the lower court on an unreasonable sentencing

3 There is a special reason to reduce or exempt the disclosure notification order for the accused who is improper to give disclosure notice.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. Article 11 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes concerning the Punishment, etc. of Sexual Crimes by the Defendant provides that “a person who commits an indecent act on another person in public transportation means, places of public performance or assembly, or other places where the public is concentrated” shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding three million won. The legislative intent of the Act is to cope with the situation where punishment under other Acts, such as the Criminal Act, is not being imposed, due to an indecent act committed by any means other than exercising tangible power by taking advantage of the victim’s explicit and affirmative resistance or evasion situation, such as where access with the victim is easy and where the place of indecent act is open to the public in urbanized modern society.

(See Supreme Court Decision 201Do17441 Decided February 23, 2012). In other words, the Defendant’s indecent act committed an indecent act on a bus on the part of the victim, on the ground that the Defendant committed an indecent act on the part of the victim, who was in a state of mental or physical disorder or failing to resist, constitutes the crime of quasi-indecent act, and solely on the ground that the indecent act was committed on the part of the public transport bus, which