The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. Legal principles (Defendant 1) The Defendant’s act of taking the victim’s left part and drinking out the part of the victim’s L, ② the act of taking out the victim’s bucks by taking out the victim’s bucks, ③ the act of taking out the victim’s bucks, ③ the act of taking out the victim’s bucks, cannot be evaluated as an indecent act against the victim’s sense of sexual humiliation or sense of sexual humiliation, in light of the situation or context leading up to the said act. (2) The Defendant cannot be evaluated as having committed an indecent act on the part of the Defendant, or as an indecent act against the sense of sexual humiliation. (2) The Defendant asked the student to “When she wick the her life, when she wick off the her, she can do so, she can do so, and she cannot be evaluated as a sexual harassment that causes sexual humiliation on the part of the student.

B. Inspection of unreasonable sentencing 1: The sentence of the lower court (including fine of KRW 30 million, and completion of sexual assault treatment program 40 hours) is too minor. 2) Defendant: The lower court’s sentence is too heavy.

2. Determination

A. Determination of the misapprehension of the legal principle as to the assertion of the crime of indecent act against children and juveniles against the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse is objectively an act that causes sexual humiliation or aversion to the general public and is contrary to good sexual morality and thus infringing on the victim’s sexual freedom. Whether it constitutes such an act shall be determined with caution by comprehensively taking into account the victim’s intent, gender, age, relationship before the offender and the victim, circumstances leading to such act, specific form of act, and the surrounding objective situation and sexual moral sense of the age.

It shall not be deemed that there is an essential difference in relation to indecent conduct against women in accordance with the body part.

(See Supreme Court Decision 2004Do52 delivered on April 16, 2004). In addition, the subjective elements of a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse are sufficient only by intention.