All the judgment below is reversed.

A defendant shall be punished by imprisonment for four years.

Sexual assault, 80 hours against the defendant.

Summary of Reasons for Appeal

A. Defendant and the respondent for an attachment order (1) - misunderstanding of facts and misunderstanding of legal principles (an attempted similarity with victim H) / Defendant and the respondent for an attachment order (hereinafter “Defendant”) are only the same as Defendant and the respondent for an attachment order

)가 피해자 H의 귓불을 만지고 어깨동무를 하여 강제추행한 사실은 인정하나, 어깨동무 이후 피해자가 피고인을 뿌리쳐 그 이후에는 신체접촉을 한 사실이 없다. 이와 달리 어깨동무 이후의 강제추행 내지 유사성행위 미수 부분까지 포함하는 이 부분 공소사실을 모두 유죄로 인정한 원심판결에는 사실오인 및 법리오해의 잘못이 있다. 2) 양형부당 원심 선고형(징역 3년 등)은 너무 무거워 부당하다.

B. Prosecutor 1) According to the misunderstanding of facts and misunderstanding of legal principles (the point of not guilty part of the Defendant’s case) (the point of indecent act by force against the victim B) that is admissible as evidence pursuant to Article 314 of the Criminal Procedure Act, the Defendant may acknowledge the fact that he committed indecent act by force against the victim B.

Unlike this, the judgment of the court below which acquitted the Defendant of this part of the facts charged is erroneous by mistake and misapprehension of legal principles.

B) Even if the court below exempted the Defendant from disclosure and notification orders, it is unreasonable to exempt the Defendant from disclosure and notification orders, and the sentence of unfair sentencing is too unjustifiable.

2. It is improper for the court below to dismiss the defendant's request for attachment order even if the defendant's sexual crime risk of recidivism is fully recognized as part of the case.

2. Determination on the part of the defendant's case

A. As to the Defendant’s assertion of mistake of facts and misapprehension of the legal principles [the attempted similarity with the victim H], the lower court, based on various circumstances as indicated in its reasoning, 'the Defendant’s 2-A at the time of committing the crime.

subsection (1) of this section is referred to as "victim".

by intimidation.