The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for one year.

except that this judgment.

1. The lower court rendered a judgment that dismissed the prosecutor’s request regarding the part regarding which the request for attachment order was filed while rendering a judgment of conviction on the part of the Defendant case.

Since only the defendant appealed against this, there is no interest in appeal as to the case of the attachment order claim.

Therefore, notwithstanding Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, the part of the judgment below regarding the application for attachment order among the judgment below is excluded from the scope of the judgment of this court, and the scope of the judgment of this court is limited to the part of the case of the defendant

2. Summary of reasons for appeal;

A. The Defendant, as stated in the facts charged, did not commit an indecent act against the victims, and did not intend to commit an indecent act.

Although each statement of the victims cannot be recognized as an indecent act, the court below found the defendant guilty of the facts charged in this case by misunderstanding the facts.

B. In light of the various sentencing conditions in the instant case, the sentence imposed by the lower court (a punishment of one year, a suspended sentence of two years, and a 40-hour term of sexual assault treatment lectures, and an order to attend a 40-hour alcohol treatment lectures) is too unreasonable.

3. Judgment on the Defendant’s assertion of mistake of facts

A. Of the facts charged in the instant case, the Defendant, on October 22, 2015, committed an indecent act against the victim E, with the intent to commit an indecent act against the victim E (the 16-year-old age), which was passing through the said place in Daegu-gu, Daegu-gu, Seoul-gu, on October 22, 2015, and committed an indecent act against the victim’s juvenile, by inserting into the victim E’s right ear.

2) The indecent act of relevant legal principles 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 is the victim’s intent, gender, age, and perpetrator.