The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

except that, for a period of four years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. As to the facts charged by mistake of facts and misapprehension of legal principles on the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under thirteen years of age), the Defendant’s act at the time can be deemed to have committed indecent act by force, but the lower court acquitted the victim of this part of the facts charged, so the lower court erred by misapprehending the legal doctrine on the

B. The sentence imposed by the lower court (two years of imprisonment and three years of suspended execution, etc.) is too uneasible and unfair.

2. Determination

A. The summary of the facts charged is as follows: (a) from October 2014 to November 2014, the Defendant: (b) at the small room of the Defendant located in Jinju-si, Jinju-si; (c) at the small room of the Defendant in Jinju-si; (d) at the time when the Defendant was unable to know of the date between them; (b) at the victim’s time when there was a fluencing television to commit an indecent act against the victim; (c) the victim, who was reporting the victim’

B. The summary of the judgment below is the crime of indecent act by indecent act by assault or intimidation, and such assault or intimidation is required to be difficult to resist.

On the other hand, the crime of indecent act by compulsion includes not only cases of indecent act after the other party makes it difficult to resist by means of assault or intimidation, but also cases where the act of assault itself is deemed to be an indecent act (tentatively referred to as "indecent act").

In the crime of indecent act by force, in other words, indecent act by force does not necessarily require that it is sufficient to suppress the other party's will, and as long as there is the exercise of tangible force against the other party's will, the force is fluence. However, even in this case, it should be the exercise of force with the ability to make it difficult to resist the other party's resistance by considering the contents and degree of the assault (Indecent act).

In this case.