The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. Legal doctrine assertion - The defendant's act of spreading the victim's sexual organ with a view to causing pain to the victim E is a form of assault, and thus does not constitute indecent act by force.

Nevertheless, the lower court determined that the Defendant committed indecent act by force against the victim E.

Therefore, the court below erred by misapprehending the legal principles on indecent acts by compulsion, which affected the conclusion of the judgment.

B. The lower court’s sentence (one year of imprisonment, two years of suspended execution) on the grounds of unreasonable sentencing is too unreasonable.

2. Before the judgment on the grounds for appeal ex officio, the prosecutor examined the case in question, and the prosecutor tried the case in which the "violation of the Punishment of Violences, etc. Act (collectively weapons, etc.)" in the name of the crime in this case is "special assault", and the "Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act and Article 260 (1) of the Criminal Act" in the applicable provisions of this case are exchanged into "Articles 261 and 260 (1) of the Criminal Act", and the court permitted the change of the subject of the judgment by this court. This part is related to the remaining criminal facts of the defendant and concurrent crimes under the former part of Article 37 of the Criminal Act, and thus the judgment of the court below

However, the defendant's assertion of the above legal principles is still subject to the judgment of this court despite the ground for ex officio reversal in the judgment below.

3. Judgment on misapprehension of legal principles

A. “Indecent act” of relevant legal principles is objectively an act that causes sexual humiliation or aversion to the general public and is contrary to good sexual morality and thus infringing on the victim’s sexual freedom, and whether it constitutes such an act is attributable to the victim’s intent, gender, age, and relationship with the perpetrator and the victim prior to the act.