The judgment of the court below (including the portion not guilty) shall be reversed.

A defendant shall be punished by imprisonment for two years.

except that this judgment.

1. Summary of grounds for appeal;

A. The lower court’s punishment against the Defendant (unfair sentencing) (2 years of imprisonment and 80 hours of completion of sexual assault treatment programs) is too unreasonable.

B. Prosecutor 1) Fact-finding, misunderstanding of legal principles (not guilty part of the reasoning in the judgment of the court below) the victim was not expected to commit an indecent act at all, and when an indecent act began, the victim believed the defendant to believe, and received considerable mental impulses, such as a sense of sexual humiliation caused by indecent act, and did not make a decision and decision as to whether it should be accepted, and there is considerable difficulty in resisting the defendant's indecent act because mental confusion, such as difficulty, depression, and bad faith, has increased, and therefore, there was a considerable difficulty in resisting the victim at the time.

Nevertheless, the lower court rendered a not guilty verdict on the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is the primary charge, has erred by misapprehending the legal principles or misconception of the facts.

2) The lower court’s sentence against an unfair defendant in sentencing is too unhued and unreasonable.

2. Determination

A. The lower court’s determination on the Prosecutor’s misunderstanding of the facts and misapprehension of the legal doctrine 1) was based on the following: (a) the victim was at the time of committing the instant crime; (b) the victim was able to look at the Defendant’s behavior; and (c) the body behind was passive resistance; and (d) the victim was in a state of mental and physical loss or resistance impossible at the time of committing the instant crime.

In addition, it is difficult to view the evidence submitted by the prosecutor as a whole, and on the ground that it is insufficient to recognize it, the prosecutor acquitted him/her on the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is the primary charge.

2) Article 299 of the Criminal Act provides that a person who has sexual intercourse or indecent act by taking advantage of a person’s mental or physical loss or resistanceable condition shall be punished as the crime of rape or indecent act by force under Articles 297 and 298 of the Criminal Act.