The judgment below

The remainder of the defendant's case, excluding the dismissal of public prosecution, shall be reversed.

The defendant shall be punished by imprisonment for three years.

1. On November 201, the lower court rendered a judgment that acquitted the Defendant of the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter referred to as “sexual intercourse with a third party”) at the victim’s home at the end of the same time on the following facts: (a) dismissed the public prosecution regarding intimidation against the said victim; and (b) rendered a judgment that acquitted the Defendant of some of the remaining facts charged (the part concerning the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) of the Act on the Protection of Children and Juveniles against Sexual Abuse), by recognizing the Defendant guilty of not guilty of the facts charged in addition to the part concerning the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.).

However, with respect to the convicted portion of the judgment below, the defendant and the person subject to a request for attachment order (hereinafter “defendants”) filed an appeal only with respect to the remaining part of the defendant's case except the dismissed portion among the judgment below (the case of request for attachment order is deemed to have filed an appeal). Since the dismissal part of the appeal becomes final and conclusive separately from the attitude of the appeal period, the scope of the judgment of this court is limited to the remaining part of the defendant's case and the part of the case of request for attachment order which is deemed to have been filed

2. Summary of grounds for appeal;

가. 피고인 (1) 법리오해 피고인은 ① 원심판결의 범죄사실 제1항과 관련하여, 피해자 E, D에게 돈을 주고 합의하에 성매매를 한 것이지 위 피해자들에게 위력을 행사하여 간음한 사실이 없고, 위력에 대한 입증도 충분하게 이루어지지 않았으며, ② 원심판결의 범죄사실 제5항과 관련하여, 피해자 N가 애인처럼 놀아주면 돈을 주겠다는 제안에 순순히 응하여 따라왔고, 이에 피고인이 노래방에서 팔짱을 끼는 등의 행위를 하다가 피해자가 싫어하자 그만두고 밖으로 나온 정황에 비추어 피고인에게 추행의 고의는...