The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for a period of three years from the date this judgment becomes final and conclusive.

1. On July 7, 2016, when the Defendant’s defense counsel only made a mistake of facts on the grounds of appeal, and the reason for appeal was not timely filed, the Defendant’s defense counsel withdrawn the assertion of facts on the trial date, and requested the lower court to ex officio determine whether the sentencing was unfair.

A. The prosecutor changed the part of the previous facts charged into “indecent act committed by force” in the end of each paragraph of the previous facts charged as the primary facts charged, while maintaining the previous facts charged as the primary facts charged. As to this part of the previous facts charged, the prosecutor applied for the amendment of the indictment containing “violation of the Act on the Protection of Juveniles from Sexual Abuse (Indecent Act such as Fraudulent Act)” and “Article 7(5) and (3) of the Act on the Protection of Children’s Juveniles from Sexual Abuse,” respectively, and the subject of the trial was changed by this court’s permission.

On the other hand, as examined below, the judgment of the court below which found the primary charge guilty is erroneous in the misunderstanding of facts or misunderstanding of legal principles as to forced indecent act, which affected the conclusion of the judgment, so the judgment of the court

B. Decision 1 ex officio as to the primary facts charged in this case is that the defendant is a person who is working as a sports teacher of "D High School located in Guro-gu Seoul Metropolitan Government", and the victim E (V, 18 years old) and the victim F (V, 18 years old) are graduates of the above high school.

A) On September 17, 2012, the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act) against the victim E was said to be the victim in the above high school, and the Defendant took the victim’s talk at the school room of the above high school G G G, which was the victim at the time when the victim got out of the school room of the above high school, and met the victim’s bucks that were in the victim’s side while making the victim’s talk, and the victim’s bucks that were in the victim’s side at the time when the victim got out of the victim’s hand, and bucks the victim after holding the victim’s hand above the Defendant’s buckbucks.