All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a year and a fine of KRW 5,00,000.

The defendant above.

1. Summary of grounds for appeal by the defendant;

A. misunderstanding of facts or misunderstanding of legal principles (the part concerning the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (In the judgment of the court below), the Defendant’s misunderstanding of facts or misunderstanding of legal principles was committed against the victims who passed by the Defendant, and the Defendant’s misunderstanding of his/her body contacted with the victims’ bodily injury, and such an act cannot be deemed as an indecent act committed by indecent act

B. The Defendant had no or weak ability to discern things or make decisions under the influence of alcohol at the time of committing the crime.

C. The sentence imposed by the lower court on the Defendant (the first instance court, one year of imprisonment, and a fine of five million won) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the instant case No. 2013No151, which is the appeal case against the judgment of the court of first instance, and the instant case No. 2013No249, which is the appeal case against the judgment of the court of second instance, was consolidated in the oral proceedings of the oral proceedings. Each of the offenses in the judgment of the court below No. 1 and No. 2 is concurrent crimes under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of aggravated concurrent crimes under Article 38(1) of the Criminal Act. As such, the judgment of the court below cannot

The judgment of the court below is reversed ex officio as above.

Even if the defendant's mistake, misunderstanding of legal principles, and argument of mental disorder is still subject to the judgment of this court, it will be examined.

B. The crime of indecent act by compulsion on the part of the defendant's assertion of mistake or misapprehension of legal principles 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. In this case, assault in such a case must suppress the other party's will.