The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that this shall not apply.

1. Summary of the prosecutor's grounds for appeal;

A. The court below found the defendant and the respondent of the attachment order (hereinafter only referred to as the "defendants") guilty on the ground that the defendant committed an indecent act in the bus by force on the part of the victim as knee, her kel, her m, etc., on the bus, on the facts constituting the facts charged of this case and the cause for requesting the attachment order. The defendant acquitted the victim of this case on the ground that he did not have exercised the force to force on the part of the victim at the time of this case on the ground that he did not use the force to force on the part of the crime of indecent act, and dismissed the above request for the attachment order, without the amendment of the indictment, on the ground that the above act by the defendant constitutes an indecent

However, as seen above, the Defendant’s act of deceiving the victim’s bodily part, thereby causing a sense of sexual shame to the victim and infringing on the victim’s sexual freedom, constitutes a “exercise of force” against the victim’s will or a crime of indecent act by compulsion under the Criminal Act, even if the degree of such act is weak.

Therefore, the judgment of the court below which did not constitute the crime of indecent act by compulsion is erroneous in the misapprehension of legal principles as to the crime of indecent act by compulsion, which affected the conclusion of judgment

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment and two years of suspended execution) is too uneased and unreasonable.

2. Determination

A. According to the record of the judgment of the first prosecutor on the part of the defendant's case, the defendant, as at the time of the instant case, started to come up on the side of the victim who was aboard the bus and sit in the next knee as the knee, and tried to leave the bus to the defendant's side, and the victim who tried to leave the bus to the next knee of the defendant's side, can be recognized as having reached the second kne as the kne. The above facts of recognition are followed.