The defendant's appeal is dismissed.

1. The lower court determined that the charge of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which is the primary charge, was acquitted (not guilty on the grounds), and found the Defendant guilty of a forced indecent act, which is the ancillary charge. The Defendant filed an appeal only against the conviction portion of the lower judgment, and the Prosecutor did not file an appeal.

In such cases, although the part of innocence on the above ground is also judged in the trial, it is already exempted from the object of attack and defense between the parties, and is virtually relieved from the object of trial. Therefore, the conclusion of the judgment of the court below as to the part of innocence on the above ground shall be followed and it shall not be judged again.

2. Summary of reasons for appeal;

A. In the event that the Defendant agreed to engage in sexual traffic with the victim G at the time of committing the instant crime, the Defendant collected the victim’s fingers with the victim’s sound book with the victim’s consent, and the victim’s statement that corresponds to the instant facts charged is not consistent and thus, is not reliable.

Nevertheless, the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment.

B. The sentence of the lower court’s unfair sentencing (two years of imprisonment, three years of suspended sentence, 80 hours of community service, and 40 hours of sexual assault treatment lectures) is too unreasonable.

3. Determination

A. As to the assertion of mistake of facts, the lower court determined that the Defendant’s indecent act against the victim’s will can be acknowledged in full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court.

The decision was determined.

① With respect to the process and mode of the instant crime from an investigative agency to the court of the court below, the victim was he bended with the view to raising the temperature of the electric design board in the telecom room in which the Defendant and B were implied. However, the Defendant left behind the victim.