The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Summary of Grounds for Appeal

The lower court convicted the Defendant of the facts charged of this case on the sole basis of the complainant’s statement without credibility in the absence of contact with the F, in the process of giving lessons to tobacco smoking. In so doing, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

The punishment sentenced by the court below of unfair sentencing (ten months of imprisonment) is too unreasonable.

The summary of the facts charged in the instant case is a person who has served as a regular business position in the factory of the "D" company located in the Geumnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and E (the age of 19, the age of 20) and F (the age of 19, the age of 20).

On June 12, 2013, at around 09:10, the Defendant discovered E and F, who were smoking tobacco in a strings behind the above D factory building, and they forced them to commit an indecent act by force by force, by taking in his hand the son’s son’s son for about three seconds following the son’s son’s son’s son for about three seconds, while displaying the son’s son’s son’s son’s son for three seconds, following the son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s her hand, and by force F’s son’s son’s son’s son’s son’s son’s son’s son’s son’s right.

The indecent act in the relevant legal principles is objectively an act that causes sexual humiliation or aversion to the general public and is contrary to good sexual moral sense, and thus, it constitutes an infringement on the victim’s sexual freedom. Whether it constitutes such an act is the victim’s intent, gender, age, relationship before the offender and the victim, circumstances leading to such an act, specific form of conduct, and the objective situation surrounding the act, and sexually in the era.