The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault, 40 hours against the defendant.

Summary of Grounds for Appeal

Defendant

The defendant, under the influence of misunderstanding the facts at the time of misunderstanding the facts, only caused the shoulder of the victim at the time of misunderstanding the facts, and thereafter, kiscing the victim to kis, so there was no intention to commit an indecent act, and even though there was no assault against the victim, the court below erred by misunderstanding the facts and affecting the conclusion of the judgment

Even if the defendant is found guilty of unfair sentencing, considering the defendant's age, health condition, etc., the sentence of the court below (one year of imprisonment) against the defendant is too unreasonable.

The sentence of the lower court against the Defendant by the Prosecutor is too unhued and unreasonable.

Judgment

An indecent act against a minor under the age of 13 under Article 7(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes on the Punishment, etc. of Sexual Crimes committed against the defendant's assertion of mistake of facts is the legal interest protected by the law of "the right of a child under the age of 13 to form sexual identity and values without any improper sexual stimulation or physical disorder in a state where he/she does not exercise his/her ability." It does not require a subjective motive or objective to stimulate sexual humiliation as a subjective constituent element necessary for the establishment thereof.

In the above crime, “indecent act” means an act that objectively causes a sense of sexual shame or aversion to another person who is in the same position as the other party and is contrary to good sexual morality, and thus, infringes on the victim’s sexual freedom. Whether it is so determined should be carefully determined by comprehensively taking into account the victim’s intent, gender, age, relationship between the offender and the victim before the offender, circumstances leading to the act, specific manner of the act, objective situation in the surrounding area, sexual moral sense, etc.

(see, e.g., Supreme Court Decision 2009Do2576, Sept. 24, 2009). The lower court: (1) The victim is on the day of the instant case.