The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for one year.

provided that this ruling has become final and conclusive.

1. Summary of grounds for appeal;

A. Defendant 1’s act of entering the facts charged as of November 21, 2013 is merely a physical contact between the Defendant and the victimized female juveniles, and thus cannot be deemed to constitute “indecent act” or there was no intention to commit an indecent act against the Defendant. However, the lower court erred by misapprehending the facts. 2) Although it is deemed that there was a special circumstance not to disclose or notify the Defendant of the unlawful assertion of the disclosure and notification order, the lower court ordering the disclosure and notification of personal information is unreasonable.

B. As to the facts charged on March 16, 2014, the Defendant’s act of forcing a female student’s grandchildren by taking advantage of the status as an instructor of a private teaching institute is considered to constitute an indecent act. However, the lower court erred by misapprehending the legal doctrine on “indecent act” in the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse, or by misapprehending the legal doctrine on “indecent act” in the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse. 2) In so doing, the lower court’s judgment against the Defendant (two years of imprisonment and three years of suspended execution) is too unreasonable.

2. Determination

A. The crime of indecent act by compulsion on the part of the defendant 1 includes not only the case where the other party commits an indecent act after making it difficult to resist by means of assault or intimidation, but also the case where the act of assault itself is recognized as an indecent act. In this case, as long as the use of force against the other party’s will is not necessarily required to suppress the other party’s intention, the assault in question does not necessarily require that it is against the other party’s will, regardless of its force’s shock. The indecent act objectively causes sexual humiliation or aversion to the general public, and goes against the good sexual moral sense, and is sexually committed by the victim.