All the judgment below is reversed.

A defendant shall be punished by imprisonment for a term of one year and ten months.

For a period of three years, information about the defendant.

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years of imprisonment) imposed on the Defendant and the person who requested the attachment order (hereinafter “Defendant”) is too unreasonable.

나. 검사 1) 사실 오인( 원심판결의 이유 무죄 부분) 피고인이 범행 전 3~4 시간 동안 피해자의 주변을 맴돌면서 피해자를 쳐다보았던 점, 피고인이 이 사건 찜질 방에 평소 미성년자가 많다는 사실을 알고 있었을 것으로 보이는 점, 피해자의 외모를 보면 피해자가 아동 ㆍ 청소년인 사실을 인식하는 것이 충분히 가능해 보이는 점 등을 종합하여 보면, 피고인이 범행 당시 피해자가 아동ㆍ청소년임을 충분히 인식하였다고

may be appointed by a person.

Nevertheless, the court below erred by misapprehending the legal principles.

2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.

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

A. On July 2, 2016, from around 08:36 to around 08:46, the Defendant committed an indecent act by force against the victim by finding out the victim E (a child or juvenile in a state of impossibility of resistance (the family name, the 16-year age), who is a child or juvenile in a state of escape due to locking, and by exposing the victim’s appearance on the side of the victim.

2) The lower court found the Defendant guilty of committing an indecent act by force against the victim at the above time and place, but, in other words, the circumstances acknowledged by the evidence adopted and examined, namely, ① the images of video recording CD appears to be difficult to easily estimate the age of the victim with the appearance that is not significantly different from ordinary adults, ② the place where the instant crime was committed was committed is a sobry and sobry, so it was difficult for the victim to grasp whether the victim is a minor.