The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for a maximum term of four years and a short term of three years.

(b) the defendant;

A. (1) The Defendant: (a) mismisunderstanding of facts and misunderstanding of legal principles by exercising the force of assault, intimidation, etc. against the victim D or I to resist or avoid resistance; (b) did not commit indecent act by compulsion, attempted rape, or rape; and (c) did kis et al. and sexual intercourse by agreement with the victims.

Nevertheless, the judgment of the court below that found the victims' statements without credibility as evidence guilty is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

B. The sentence imposed by the court below on the defendant (the maximum of four years of imprisonment and the maximum of three years of imprisonment) is too unreasonable.

B. The prosecutor (i) misunderstanding of facts and misunderstanding of legal principles - The victim C made a concrete and detailed statement in the investigative agency about the damage, and the victim C had no reason to make a special false statement in the investigative agency, so the statement in the victim C investigative agency may be reliable.

(However, the statement to the effect that the above victim's statement " shall not be caused by indecent act by the defendant," which was made in the court of the court below, appears to have reversed the statement made by the investigation agency by the defendant's meeting on the part of the defendant. Thus, the credibility of the above victim's statement in the court below cannot be acknowledged. Nevertheless, the court below rejected the credibility of the statement made by the investigative agency of the victim and acquitted the victim of each charge, thereby misunderstanding facts and misunderstanding the legal principles on the

B. The sentence imposed by the court below on the defendant is too uneasible and unfair.

2. Determination

가. 피고인의 사실오인 및 법리오해 주장에 대하여 ⑴ 원심의 판단 ㈎ 피해자 D, I 진술의 신빙성에 대하여 원심은 적법하게 채택하여 조사한 증거에 의하여 인정되는 다음과 같은 사정들, 즉 ① 피해자들은 피해 내용 등...