The remainder of the judgment of the court below and the judgment of the court of second instance, excluding the dismissal of public prosecution, shall be reversed.

1. The lower court dismissed the prosecution as to the assault against the victims of the instant case No. 2018 Godan3680, and convicted the victims of the remaining facts charged.

Therefore, since only the defendant appealed against the guilty portion, the dismissal part of the judgment of the second instance was separated and finalized as it is.

Therefore, the scope of this court's adjudication is limited to the remainder except the part of the first and second court's judgment dismissing public prosecution.

2. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts (the guilty part in the judgment of the court of first instance) (the guilty part in the judgment of the court of first instance), upon the victim’s request on the day of the instant case, the Defendant considered that the victim’s chest was prompt, but the victim did not have implicitly consented to it because it did not appear to have any response to rejection. The Defendant did not have any intention to commit an indecent act against the victim. The victim did not have any intention to commit an indecent act against the victim. Since it is clear that the victim had no intention to commit an indecent act against the victim at the time, the victim’s body was changed to the extent that he would not have been able to speak, and there was no clear awareness that the victim would not have been able to resist. Nevertheless, the court below convicted the Defendant of this part of the charges by deeming that the Defendant committed an indecent act by taking advantage of the victim’s state

B. Prosecutor 1) misunderstanding of facts or misunderstanding of legal principles (not guilty part of the judgment of the court of first instance) entered R’s residence for the purpose of inducing the victim against the victim’s will against R. Nevertheless, the court below held the Defendant not guilty of this part of the charges by deeming that the crime of intrusion upon residence was not established. The court below erred by misapprehending the facts or misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment. 2) The sentence of the judgment of the court of first instance on unreasonable sentencing under Article