The guilty part of the judgment of the court of first instance and the judgment of the court of second instance shall be reversed.

Two years of imprisonment.

1. The first instance court dismissed the prosecution on the charge of assault and intimidation among the facts charged against the Defendant, and sentenced him to the remainder of the facts charged.

Therefore, since the defendant filed an appeal against the guilty portion, the part of the judgment of the first instance dismissed was separated and confirmed as it is.

The judgment of the court of first instance is the only conviction part of the judgment of the court of first instance and it belongs to the scope of the judgment of the court of first instance.

2. Summary of grounds for appeal;

A. In relation to the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Act on Special Cases concerning the Punishment, etc. of Sexual Crimes”), among the facts charged in the first instance judgment, the Defendant taken video pictures in a situation where the victim gave consent or implied consent. 2) As to the crime of document against D among the facts charged in the first instance judgment, the Defendant drafted an application for mobile phone entrance with consent of D.

[On the other hand, with regard to the assertion of mistake of facts and misapprehension of legal principles by the defendant's defense counsel, the defendant's defense counsel agrees with some evidence through the evidence statement dated July 24, 2018. However, the declaration of consent to evidence under Article 318 of the Criminal Procedure Act may be revoked or withdrawn before the examination of evidence is completed, but once the examination of evidence is completed, the admissibility of evidence already acquired before cancellation or withdrawal shall not be lost (see Supreme Court Decision 2004Do2611, Jun. 25, 2004). However, according to the records of this case, in the case of some of the above evidence, the defendant consented to the first trial date of the court below and made a ruling of evidence and examination of evidence on the same date (see the list of evidence forming a part of the trial records), and the fact that the person involved in the case who seeks opinions on the result of examination of evidence has no opinion (see each of the first trial records).