The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 20,000,000.

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

Defendant

This part of the defendant's act can not be evaluated as an indecent act by force beyond the moral criticism, and there was no intention on indecent act by force.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

Of the points of using and photographing cameras, this part of the images of the guilty cannot be deemed to have taken the body of the victim who may cause sexual humiliation or shame.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

The sentence of unfair sentencing (the fine of KRW 15 million, the order to attend a sexual assault treatment lecture 40 hours, the confiscation, etc.) of the lower court is too unreasonable.

This part of the video is sufficiently recognized that the defendant taken the body of the victim who may cause a sense of sexual shame, by mistake of facts and misunderstanding of legal principles (as to the part of acquittal of reasons among the points of use and photographing of camera, etc.).

Nevertheless, the lower court acquitted the Defendant of this portion, thereby adversely affecting the conclusion of the judgment by misapprehending the legal doctrine.

The sentence of the lower court on unreasonable sentencing is too uneasible and unfair.

On August 18, 2018, the summary of this part of the facts charged is as follows: (a) the Defendant, at around 21:00 on August 18, 2018, was forced to sit back next to the victim while he/she had a family meeting together with his/her family members in the victim B (the victim B (the 11 year old), and then, (b) he/she was allowed to sit away from E, and then knee of the victim and let the Defendant look back.

The defendant continues to catch the cellular phone of the victim.