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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, for three years from the date this judgment becomes final and conclusive.
Reasons
1. Summary of grounds for appeal;
A. The Defendant asserted a misunderstanding of facts merely committed a flag by flaging the part of the skin in the state of suffering from the skin disease at the time of the instant case and flaging the part of the skin with his hand, flaging the part of the skin in front and rear, and blaging it. However, the lower court erred by misapprehending the fact that the Defendant, as stated in the facts charged in the lower judgment, committed an obscene act by doing a sexual act as stated in the lower judgment, thereby adversely affecting the conclusion of the judgment.
B. The lower court’s imprisonment (eight months of imprisonment) on the ground of unfair sentencing is too unreasonable.
2. Determination
A. Article 245 of the Criminal Act of the judgment on the assertion of mistake of facts refers to “obscenity” under Article 245 of the Criminal Act of the judgment on the assertion of mistake of facts that arouses sexual interest and impairs normal sexual humiliation by stimulating ordinary people’s sexual desire.
In full view of the evidence duly adopted and examined by the court below, the defendant, as stated in the facts of the crime in the judgment below, was found to have committed an act against the above columns by putting the sexual flag into a slater pole, which is located on the playground children's play room for a long time, and repeatedly slicking the sexual flag into the slick pole, and repeatedly slicking the sexual flag behind and rear, as shown in the facts of the crime in the judgment of the court below. Persons on the playground at the time of the case at this time of the defendant's act of sexual intercourse with the above act of sexual intercourse. It can be recognized that the defendant's act of sexual humiliation caused considerable sense of sexual humiliation by slicking the above act of sexual intercourse. Thus, the defendant's medical confirmation certificate (No. 1) submitted by the defendant alone is insufficient to recognize the defendant's change in the defendant's lawsuit that "only putting the part which the defendant slick with slick and slicked with a slick pole."
According to the above facts, the above act of the defendant is normal sexual humiliation between children and residents who had been in the playground at the time.