The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

However, for a period of four years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The defense counsel argued the misapprehension of legal principles as to Articles 2 and 3 of the facts charged in the preparatory hearing documents submitted after the deadline for submitting the statement of grounds for appeal.

However, the foregoing argument is a new argument that was filed after the deadline for submitting the grounds for appeal, and cannot be deemed a legitimate ground for appeal. However, the foregoing argument is considered only to the extent that it supplements legitimate grounds for appeal submitted within the deadline.

The Defendant did not have any subjective motive or purpose to stimulate, arouse, and satisfy a sexual desire at the time of each of the instant crimes. In particular, the Defendant’s act in Articles 2 and 3 of the facts charged is erroneous in the misapprehension of legal principles, even though the lower court found the Defendant guilty of all of the facts charged, even though the Defendant’s act did not constitute indecent act by compulsion, as it did not constitute an act of infringing the victim’s sexual freedom, due to physical contact with the Plaintiff, which was expressed in an expression for a fint and closely friendly and friendly manner among the name, support and class for the students, thereby causing a sense of sexual humiliation or aversion, and thus doing so.

B. The sentencing of the lower court on the grounds of unreasonable sentencing (a prison term of five years under a suspended sentence of three years, a community service order of 80 hours, an order to attend sexual assault treatment programs of 80 hours, and an order to disclose for five years) is too unreasonable.

2. Determination on the grounds for appeal

A. As to the assertion of misapprehension of the legal doctrine, the crime of indecent act by force 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 in the relevant legal doctrine is the principal legal interest of “the right of a child under the age of 13 to form sexual identity and values without any improper sexual stimulation or physical handicap from outside.” Thus, a subjective constituent element necessary for such establishment is only the intentional act itself.