The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for three years.

80 hours per the defendant.

1. The lower court rendered a judgment that dismissed the prosecutor’s request regarding the Defendant’s case and the case regarding the request for attachment order.

As to this, there was only the defendant's appeal regarding the case of the request for attachment order, since there was no benefit in the appeal, notwithstanding the provisions of Article 9 (8) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, etc., the request for attachment order among the judgment below is excluded from the scope of the judgment of this court, and only the defendant case falls under the scope

2. Summary of reasons for appeal;

A. Legal principles (based on the violation of the Act on the Protection of Children and Juveniles against the Victim J (Indecent Acts, such as deceptive means)) do not constitute an indecent act by force even if the Defendant’s act of deceiving as the victim J’s negative mind constitutes an indecent act by force.

Nevertheless, the judgment of the court below convicting this part of the facts charged is erroneous in the misapprehension of legal principles, which affected the judgment.

B. The sentence sentenced by the lower court to the Defendant (4 years of imprisonment, 80 hours of order to complete the course) is too unreasonable.

3. Determination

A. Determination of the misapprehension of the legal principles on the assertion of misapprehension of the legal principles 1) The term “power” in the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse refers to a sufficient force to suppress the victim’s free will, either tangible or intangible, or not, so it is possible to use not only assault and intimidation but also social, economic, and political status or authority of the offender. Whether sexual intercourse or indecent act was committed by force should be determined by comprehensively taking into account all the circumstances such as the content and degree of force exercised, and the type and degree of force exercised, the victim’s age, the relationship between the offender and the victim prior to the occurrence of the act, the circumstances leading to the act, the specific manner leading to the act, and the circumstances at the time of the crime (see Supreme Court Decision 2014Da1348, Apr. 1, 2014).