The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

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

1. Progression of litigation and scope of adjudication of this court;

A. The Defendant was indicted of a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media), a intimidation, or a forced indecent act. Of the facts charged of forced indecent act, the lower court acquitted the Defendant on the charges of forced indecent act on December 22, 2015, and sentenced the Defendant guilty of the remainder of the facts charged, and sentenced the Defendant to imprisonment with prison labor for one year and six months, a suspended sentence of three years, and a sentence of 80 hours instruction for sexual assault treatment.

In this regard, the prosecutor appealed on the grounds of misconception of facts about unfair sentencing and acquittal.

B. On December 22, 2015, the first trial date prior to remand, a prosecutor acquitted the victim D at the lower court on the trial date, filed an application for changes in the indictment with the effect of adding “involuntary indecent act” to “Article 324(1) of the Criminal Act” under the facts charged of “involuntary indecent act against the victim D,” and Article 324(1) of the applicable law, which read “Article 324 of the Criminal Act.”

On October 4, 2016, the prosecutor applied for changes in the indictment to add "Article 324 (1) of the Criminal Act" to the facts charged as the preliminary indecent act and the applicable law to "Article 324 (1) of the Criminal Act" among the facts charged in the instant case on October 4, 2016. On the third trial date, the court permitted the second trial date, and sentenced the same punishment as the judgment of the court below, recognizing the entire conviction of the charges of coercion added in preliminary charges, and judged that the judgment acquitted all of the primary charges.

B. As to intimidation among the facts charged in the instant case, the prosecution was dismissed on the ground that the victim D withdraws his wish to punish the Defendant.

(c)

With respect to the judgment of the court prior to the remand.