The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. Summary of grounds for appeal;

A. (1) The Defendant and the victim’s body were closely adhered to the previous car, which led to the misunderstanding of facts, and there was no fact that the Defendant intentionally contacted the victim’s sexual part on his part.

Nevertheless, the lower court erred by misapprehending the facts of this case and adversely affecting the conclusion of the judgment by finding the Defendant guilty on the grounds of each of the statements, etc. of the victim C, E, and D without credibility.

(2) In light of the following: (a) the instant case occurred after the day, and there was a low risk of repeating a crime by marriage after the day; (b) the Defendant was a relatively long-term criminal record; (c) the instant crime was committed in the subway station where the Defendant was mixed, and thus, the injured party expressed his intent that he would not want the punishment of the Defendant; and (d) the sentence of the lower court, which sentenced the offender to imprisonment for a period of 2 years of suspended execution, probation observation, community service for 120 hours, and sexual assault treatment lectures for 40 hours, is unreasonable.

나. 검사 (1) 공개 고지명령 면제 부당 피고인은 이전에도 “ 전 동차 안에서 피해자들 뒤쪽으로 접근하여 피해자들의 엉덩이 부위에 성기 부위를 들이대고 비볐다” 는 공소사실로 기소되어 2008. 9. 30. 서울 중앙지방법원에서 성폭력범죄의 처벌 및 피해자보호 등에 관한 법률위반( 공중 밀집장소에서의 추행) 죄로 징역 4년에 집행유예 2년을 선고 받은 전력이 있어 재범의 우려가 현저하므로, 원심이 공개 고지명령을 면제한 것은 부당하다.

(2) The fact that the criminal defendant committed the instant crime even though he/she had the record of the same crime, and that he/she does not object to denying the crime up to the trial of the party. Accordingly, the victim appeared in the court of the court below and testified at the court of the court below and suffered a mental suffering at least once.