The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for one year and six months.

However, from the date this judgment becomes final and conclusive, respectively.

1. Summary of grounds for appeal;

A. Defendants 1) misunderstanding of facts or misunderstanding of legal principles ) Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by special quasi-performance) (Article 1 of the Criminal Act as indicated in the judgment below) and the Defendants are in a pro-friendly relationship with each other to the extent that the victim and the Defendants are allowed to have their physical contact prior to committing the instant special

In light of the circumstances in which the victim filed a complaint, there is a possibility that the victim might have left the above crime committed by the Defendants in distress.

The Defendants did not have the intention of compulsory indecent act, and it is difficult to view that the Defendants’ act would cause sexual humiliation or aversion to the general public.

However, the judgment of the court below which found the Defendants guilty of this part of the facts charged is erroneous in the misapprehension of facts or of legal principles.

B) Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Use and photographing of Cameras, etc.) (Criminal facts stated in the lower judgment) Defendant C did not have taken the body of the victim with the intent to cause a sense of sexual shame of the victim.

However, the judgment of the court below which found Defendant C guilty of this part of the facts charged is erroneous by mistake of fact or by misapprehending the legal principles.

2) Each sentence sentenced by the lower court to the Defendants ( ① 2 years of imprisonment, 3 years of suspended sentence, etc.; ② Defendant B: one year and 6 months of imprisonment, 2 years of suspended sentence, etc.; ③ Defendant C: two years of imprisonment, 3 years of suspended sentence, etc.) are too unreasonable.

B. Prosecutor 1) misunderstanding of facts or misunderstanding of legal principles (not guilty part of the reasoning of the judgment below) that requires treatment for three days by the victim constitutes injury to the crime of bodily injury resulting from forced indecent conduct.

The victim is recognized as having a causal relationship because he/she was diagnosed with stress disorder in the number of days of treatment due to an indecent act by force of special quasi-performance by the Defendants.

However, the judgment of the court below which acquitted this part of the facts charged is erroneous by misapprehending the legal principles.