The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. misunderstanding of facts 1) An indecent act, such as a mistake of facts, by putting a hand on the shoulder of the victim E (n, 15 years of age, hereinafter referred to as “victim”), and did not have the victim shouldered with her or her hand on the breast side. 2) The victim did not recognize that she was a child or juvenile.

B. The sentence (5 million won of fine) imposed by the lower court on the Defendant of unreasonable sentencing is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The prosecutor charged the Defendant for a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse, rather than the crime of indecent act by compulsion under the general criminal law, and entered the following as the facts charged. “Article 7(3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the Act on the Protection of Children and Juveniles against Sexual Abuse, which was completely revised after the prosecution, was enforced.” Article 7(3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012) refers to “Article 7(3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse” as the applicable provisions of the Criminal Act.

피고인은 2013. 2. 20. 01:50경 서울 강북구 C에 있는 D사우나 앞 계단에서, 그곳에 쭈그리고 앉아있던 피해자 E(여, 15세)의 옆에 앉아 그 어깨를 감싸 안고 손을 가슴 쪽으로 갖다 대어 피해자를 강제로 추행하였다.

B. As to the assertion that the victim did not act by force, the lower court also asserted the same purport that the Defendant did not act by force as above, and the lower court, under the provision of the Act on the Determination of the Claims of Defendants and Defense Attorneys, based on the evidence duly admitted and investigated by the lower court, includes the following circumstances acknowledged by the evidence, namely, ① each statement that corresponds to the facts charged by the victim and the F, includes consistent and consistent contents based on experience, and credibility exists. ② The Defendant is late.