The judgment below is reversed and the case is remanded to Seoul High Court.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Defendant case

A. The summary of the facts charged is as follows: ① the defendant commits an indecent act by force against the victim by using the victim’s face in his/her own car parked at I on August 14, 201 (hereinafter “the victim’s face 15 years old), such as putting the victim’s face into his/her body, etc. ; ② on August 14, 201 through 18:00, by using force around August 14, 201, he/she commits an indecent act by using the victim’s face in his/her own body, and ③ on August 2, 2011, he/she rapes the victim one time in his/her own car, and ④ on August 14, 201, he/she finds it difficult for the victim to be able to have sexual intercourse with the victim’s own body, and finally inform the victim of his/her sexual intercourse with his/her own body by using the victim’s embalthy, etc.