A. As to Defendant 1’s violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the Act on the Punishment, etc. of Sexual Crimes under 13 years of age) such as mistake of facts, the Defendant committed an act identical to that stated in this part of the facts charged, but this is merely an act that considers the victim B (tentative name) as friendly and expressed friendly friendliness, and did not intend to commit indecent act by force at the time. Nevertheless, the lower court convicted all of the facts charged. In so doing, the lower court erred by misapprehending the legal principles and misapprehending the legal principles. 2) In so doing

B. The lower court’s sentencing is too uncomfortable.

2. Judgment on the defendant's assertion of mistake of facts

A. “Indecent act by compulsion against a minor under the age of 13” under the relevant legal doctrine is the legal interest of “the right and interest to form sexual identity and values without psychological disorder in a state where a child under the age of 13 is not an inappropriate sexual stimulation or physical force from outside” and there is no subjective motive or purpose to stimulate sexual desire as a subjective element necessary for the establishment thereof.

In the above crime, "Indecent act" means an act that causes a sense of sexual shame or aversion to the general and average person who is in the same position as the other party and infringes on the victim's sexual freedom as an act contrary to good sexual morality. Whether it constitutes such an act shall be determined with careful consideration of the victim's intent, gender, age, relationship before the offender and the victim, circumstances leading to the act, specific form of act, and the surrounding objective situation, and the sexual moral sense of the age.

(See Supreme Court Decision 2014Do6588 Decided June 23, 2016, etc.). B.