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.

The prosecutor argued that the defendant's misunderstanding of the summary of the grounds for appeal (not guilty part) is that the victim's severe injury caused by indecent act also constitutes injury in the crime of indecent act. However, as seen earlier, it is reasonable to see that the amendment of the indictment was withdrawn at the fifth trial day of the first instance trial of this part of the facts charged (not less than six months’ severe injury requiring treatment) and that the assertion of mistake in this part of the facts was withdrawn. As such, this part of the argument is not separately determined.

On June 12, 2017, the third day from the day on which the instant crime was committed, the victim attended the police station on June 12, 2017, and mentioned the Defendant’s forced indecent act, and made a statement on the left side of the shoulder.

In addition, the victim visited the hospital on the next day after the crime of this case, and received a medical examination and treatment, and issued a medical examination certificate to the hospital on his own on the third day after the crime of this case, and administered for seven days to treat the left side of the body.

The victim received physical therapy from Han Council members, and even after the lapse of two months from the date of the occurrence of the instant case, the victim continued to have the pain and continued to have it recorded on July 28, 2017.

In particular, according to the contents of the instant crime, it is sufficiently possible for the victim to inflict an injury on the left-hand shoulder in the course of resistance to escape from the Defendant’s indecent act. As such, the victim suffered an injury on the part of the left-hand shoulder due to the instant crime to the extent that it constitutes an injury on the part of a forced indecent act.

must be viewed.

Nevertheless, there is an error of mistake in the judgment of the court below that acquitted the injured part of the facts charged against forced indecent act.

The sentence that the court below sentenced against the defendant (a year and six months of imprisonment, a year of suspended execution, and a period of 40 hours) shall be imposed on the defendant.