The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. 항소 이유의 요지( 사실 오인) 피고인은 E에게 다가가 휴대폰 판매상담을 권유하였을 뿐 팔짱을 끼거나 일체의 신체접촉을 한 사실이 없다.

Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, which found the Defendant guilty of the facts charged of this case.

2. Determination

A. We examine ex officio the defendant's argument of reasons for appeal prior to the determination of ex officio.

Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018; Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which uniformly provides for the restriction on employment of children and juveniles-related institutions, etc. for a period of ten years for each defendant of the case, taking into account the seriousness of the crime and the risk of recidivism, etc., upon sentencing the punishment for each sex offense, the court shall set a differential period of employment within the scope of ten years for each defendant of the case. Article 3 of the Addenda to the above Act provides that Article 56 of the Act shall apply to persons who committed a sex offense before July 17, 2018, which is the date the above Act enters into force, and thus, the above amended Act shall also apply to this case.

However, despite the above reasons for reversal of authority, the defendant's assertion of mistake is still subject to the judgment of this court, and this is examined in the following B.

나. 항소 이유에 대한 판단 원심 및 당 심이 적법하게 채택하여 조사한 증거들에 의하여 알 수 있는 다음과 같은 사정을 종합하여 보면, 피고인이 피해자가 쓰고 있는 우산 안으로 들어가면서 피해자의 팔을 잡고 팔짱을 낀 사실이 인정된다.

The court below found the Defendant guilty of the facts charged of this case as just and acceptable.