Defendant

In addition, all appeals filed by a probation order requester and a prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant and the person requesting a probation order (hereinafter “Defendant”) do not have any act of similarity, such as putting his fingers in the victim D’s negative part, or indecent act by force, when the Defendant and the person making a request for a probation order (hereinafter “Defendant”) thought that the victim D would be locked.

(2) The facts of the crime in the original judgment (Article 1, 1, 2, 2). (B) Although the defendant was at the time of the victims, it was merely for the purpose of raising a decoration, and the fact that the blood transfusion occurred to the victims D is not known (Article 3, 4, 2). (2) The punishment sentenced by the lower court of unfair sentencing (Article 1-A, 2 years and 6 months of imprisonment, and 3 years and 6 months of imprisonment, etc. for the remaining crimes in the original judgment) is too unreasonable.

3) Since there was no record that the defendant was punished for committing a crime similar to the crime of this case, and there was no risk of recidivism, it is improper for the court below to order the defendant to be put on probation.B. The defendant 1 of mistake of facts thought that the victim D was locked at around the night of the day when the date of 2014 cannot be known, and similar act was committed to put the loss in the victim D's sound.

(B) Of the facts charged in the instant case, the sentence imposed by the lower court on the grounds of unreasonable sentencing is too uneasible and unfair.

2. Determination on the part of the defendant's case

A. 1) As to the Defendant’s assertion of mistake of facts, the Defendant alleged the same purport as the grounds for appeal in this part of the judgment below.

이에 대하여 원심은 적법하게 채택ㆍ조사한 증거들에 의하여 인정할 수 있는 그 판시와 같은 사정들에 비추어 보면, 피고인이 원심 판시 범죄사실 제1, 2항 기재와 같이 피해자 D가 잠든 것으로 생각하고 피해자 D의 음부 안에 손가락을 넣는 등 유사성행위를 하거나 음부를 만지고 핥는 등 강제추행을 한 사실이 인정된다고 보아,...