The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for five years.

. Information on the Defendant.

A. The Defendant case (1) misunderstanding of facts (the part concerning indecent act by compulsion) and the person subject to a request to attach an attachment order (hereinafter “Defendant”) are the only fact that there was a long-term danger with the victim G (the age of nine) and there was no indecent act by force against the victim.

(2) The lower court’s sentence (7 years of imprisonment, disclosure and notification for 10 years) imposed on the Defendant is too unreasonable.

B. Considering the fact that the defendant does not have a criminal record in the case of applying for an attachment order, rape against the victim D (the age of 13) is an contingent crime, and the defendant appears to have been within the normal range, the defendant does not pose a risk of repeating a crime.

2. Part of the defendant's case

A. In the crime of indecent act by compulsion of a mistake of facts, an indecent act in the crime of indecent act by compulsion of a mistake of fact objectively causes sexual humiliation or aversion to the general public and is contrary to good sexual morality, and thus infringing on the victim’s sexual freedom. Whether it constitutes such an act ought to be determined by comprehensively taking into account the victim’s intent, gender, age, relationship before the offender and the victim, circumstances leading to such act, specific form of act, and the surrounding objective situation, sexual morality, etc.

(See Supreme Court Decision 2001Do2417 delivered on April 26, 2002). According to the health team, the court below and the evidence duly adopted and examined by the court below as to the instant case, the Defendant was found to have taken the side gate of the victim G (the age of 9) by fingers and her fingers from the victim's ship to the chest, and had the victim's breast part.

위 인정사실 및 피해자는 피고인의 행위에 기분이 나빴고 피고인에게 싫다는 말을 하였다고 진술하고 있는 점, 피해자의 연령, 피고인이 위 행위에 이르게 된 경위와 당시의 상황 등을 고려하여 보면, 피고인의 위 행위는 피해자의 성적...