The judgment below

The guilty part shall be reversed.

Of the facts charged in the instant case, a prosecution against the injury caused by indecent act is instituted.

1. As to the charge of attempted rape and quasi-rape in the Defendant’s case, the lower court rendered a judgment dismissing public prosecution and rendered a judgment of injury resulting from indecent act by compulsion, and only the Defendant filed an appeal against the conviction portion, the dismissal of public prosecution was separated and finalized as it is.

In addition, the court below issued a judgment dismissing the prosecutor's request regarding the attachment order case, and the defendant appealed only to this, so there is no interest in appeal regarding the attachment order case.

Therefore, Article 9(8) of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders, a legal fiction of appeal, does not apply (see Supreme Court Decision 82Do2476, Dec. 14, 1982; Supreme Court Decision 201Do6705, Aug. 25, 2011; Supreme Court Decision 201Do6705, 201Do20, Aug. 25, 201). Therefore, only the guilty portion of the judgment of the lower court is subject to the judgment of the lower court.

2. Summary of grounds for appeal;

A. The Defendant did not have committed an indecent act against the victim, and the Defendant’s act by force may constitute an indecent act by force.

The causal relationship between the victim's injury and the indecent act by compulsion can not be recognized.

B. Considering the background of the instant crime claiming unfair sentencing, the victim’s failure to punish the Defendant, etc., the lower court’s punishment (two years and six months of imprisonment) is too unreasonable.

3. Judgment on the defendant's assertion of mistake of facts

A. The summary of this part of the facts charged (indecent act by compulsion) is that the Defendant, at around 18:00 on May 2013, 2013, her house located in the Defendant’s house located in Ansan-si, Seoul Building C02, sought a letter from the victim on the charge of rape of the victim D (the female, 55 years old) before her house, had the victim her house, had the victim her house, had her talked with the victim, and had the victim talk with the victim while her talking with her house while her talking with the victim, she would recover the disabled children, and put the victim’s hand and her arms.