The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault against the defendant for forty hours.

1. The lower court dismissed the prosecution regarding intimidation among the facts charged in the instant case, and the Defendant filed an appeal only against the guilty portion of the lower judgment.

Therefore, the rejection of the public prosecution for which no appeal has been filed is separated and confirmed as it is, this part is excluded from the scope of the adjudication of this Court.

2. Summary of reasons for appeal;

A. In the opinion of the court on September 10, 2018, the defendant's defense counsel in violation of the legal principles and warrant requirement added the assertion that the following is an ex post facto act in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) and the violation of the Child Uniforms Act (in the case of coercion, intermediary, sexual harassment, etc. against a child), there is a relation to the legal landscape agreement that the latter is absorptiond in the former, and the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (the possession of obscene materials) was a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials).

However, this assertion cannot be a legitimate ground for appeal since it was filed after the lapse of the period for filing the appeal.

In addition, even if ex officio, the crime of violation of the Child Welfare Act (in the case of coercion, mediation, sexual harassment, etc. against a child) differs from the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) and the legal interests protected by the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials). Moreover, as the punishment is not separately considered, the unlawful or responsible contents are not minor compared to the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials). Thus, the crime of violation of the Act on the Protection of Children and Juveniles

shall not be deemed to exist.

In addition, a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse is also a violation of new legal interests and interests. It cannot be said that a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (production, distribution, etc. of obscene materials) is an act ex post facto act.

1) At the time of the instant case, the victim shall be 14 years of age and sexual values.