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, the period of three years from the date this judgment became final and conclusive.

1. According to the summary of the grounds for appeal (misunderstanding of facts) and the statements of the victim by the victim who was the victim and witness, etc., it can be recognized that the defendant did not flick the victim's right right side of the victim prior to the report, and the above acts by the defendant, as seen above, are acts that cause a sense of sexual humiliation or aversion to the general public and are contrary to good sexual morality, thereby infringing on the victim's sexual freedom.

Nevertheless, the court below rendered a not guilty verdict on the facts charged of this case. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

2. Determination

A. On June 12, 2015, the Defendant: (a) around E real estate in Changwon-si, Changwon-si, Changwon-si; (b) had the victim F in mind of forcing the victim to commit an indecent act; and (c) had the victim walked in the front, following the victim’s walked around the victim’s left part; and (d) had the victim’s left part of the victim’s right, and had the victim walked one time as the victim’s right side was frighted.

Accordingly, the defendant committed an indecent act by force against a person under 13 years of age.

B. According to the evidence duly admitted and examined by the court below, the court below held that the defendant's act of contact with the victim's side gate by hand at the time and place specified in the above facts charged is acknowledged, but it is difficult for the victim to recognize that the victim was a female at the time of the occurrence of the case, namely, the following circumstances acknowledged by each of the above evidence, that is, it appears that the defendant was difficult for the victim to recognize that the victim was a female, and that the defendant had contacted the victim's side gate part in the course of overtaking the victim's family members. The defendant's act of contact with the victim's side gate cannot be deemed as an act that causes general sexual humiliation or aversion or goes against sexual morality, and that the defendant's act is "act of indecent act against sexual morality" as so-called.