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 three years from the date of the final judgment.

1. Summary of grounds for appeal;

A. Although the acts Nos. 1, 4, 10, and 11 in the annexed list of crimes in the judgment of the court below claiming the misapprehension of the legal principles cannot be seen as an “indecent act” in light of all the circumstances, the judgment of the court below which found the guilty guilty is erroneous in the misapprehension of legal principles

B. In light of the circumstances in which the defendant alleged unfair sentencing is divided into his mistake and agreed with the victims, the lower court’s punishment (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. In light of the relevant legal principles, the lower court determined that the act No. 4 in the annexed table of crime committed in the judgment of the lower court constituted “indecent act by force” and the act Nos. 1, 10, and 11 constituted “indecent act by force.”

Here, “Indecent act” means an act that causes a sense of sexual humiliation or aversion to the general public and is contrary to the good sexual moral sense, and thus infringing on the victim’s sexual freedom. Determination of whether an act constitutes such act ought to be made carefully by comprehensively taking into account the victim’s intent, gender, age, relationship between the offender and the victim prior to the occurrence of the act, circumstances leading to the act, specific form of the act, objective situation surrounding it, and sexual moral sense

(see, e.g., Supreme Court Decisions 97Do2506, Jan. 23, 1998; 2001Do2417, Apr. 26, 2002). However, in the instant case, the issue is whether a physical contact in the process of training, medical treatment, or closely related to the training of the victims who are female or female students, constitutes an indecent act.

Therefore, determination as to whether a defendant's act constitutes an indecent act should also be made by considering whether the defendant committed such an act for pure training and treatment, and whether such an act is necessary or inevitable to achieve such purpose.

(2) (A) The victims of the instant case shall be considered rapidly.