The judgment below

The defendant's appeal against the part of the case against the defendant is dismissed.

The judgment below

(2).

1. Summary of grounds for appeal;

A. The lower court erred by misapprehending the legal doctrine on the crime No. 2 as indicated in the lower judgment, even though the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in public concentrated places), rather than the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act) is to be applied to the crime No. 2 of the lower judgment.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. Article 11 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes concerning the Punishment, etc. of Sexual Crimes provides that “a person who commits an indecent act on another person at a public means of transportation, public performance or meeting place, or any other densely concentrated place” shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding three million won. The legislative intent of the Act is high in the probability of and punishment for indecent act in a public place accessible to the general public in urbanized modern society. On the other hand, the legislative intent of the Act is to cope with the situation in which the victim’s explicit and active resistance or evasion is difficult due to an indecent act committed by any means other than exercising force by taking advantage of the situation where it is easy to access the victim and the place of indecent act is disclosed (see, e.g., Supreme Court Decision 2011Do17441, Feb. 23, 2012).

Therefore, Article 11 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes cannot be deemed to have been applied preferentially to Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, because the place of crime is a concentrated place in the public, and it shall be also applied to children and juveniles even at a public concentrated place.