Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

A. The Defendant did not commit an indecent act, such as the entries in the facts charged in the instant case.

Nevertheless, the lower court erred by misapprehending the facts charged, which affected the conclusion of the judgment, based on the statement, etc. of the victims without credibility.

B. In light of the legal principles, the Defendant, as a manager of a middle school sports teacher or shooting division, only carried out a shoulder with a view to stimulating students. As such, the victims did not have an intent to force force by force. Moreover, such an act constitutes a justifiable act that does not violate the social rules stipulated in Article 20 of the Criminal Act, as part of education in the position of a sports teacher or shooting division supervisor.

Nevertheless, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2. We examine whether the defendant had committed the same act as the stated in the facts charged in the instant case.

A. The lower court determined that according to the evidence duly admitted and examined by the lower court, such as the statement of the victims who were reliable, the Defendant committed an act as stated in the instant facts charged.

B. In determining the credibility of a statement after the first instance court initially proceeded with the witness examination procedure, the credibility of the statement should be assessed by considering all the circumstances that are difficult to record in the witness examination protocol, such as the appearance, attitude, and penology of the witness who is going to the witness examination protocol in the open court after being sworn in the presence of a judge, and the appearance and attitude of the witness, and the penology of the statement.

On the other hand, the first instance court under the current Criminal Procedure Act.