The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

(b) the defendant;

1. The court below rendered a judgment dismissing the prosecutor’s request with respect to the case prosecuted and the case claiming the attachment order, which only the Defendant appealed, and thus there is no benefit of appeal with respect to the part of the case claiming the attachment order.

Therefore, notwithstanding the provisions of Article 9 (8) of the Act on Probation and Electronic Monitoring, the scope of trial of this court is limited to the part of the accused case, and the part of the attachment order case is excluded.

2. Summary of grounds for appeal;

A. There is no fact that the Defendant committed an indecent act by force jointly with C on the date and time set forth in this part of the facts charged.

The facts charged in this part of the facts charged are in itself contrary to the common sense (the need for public offering, time of crime, means and method of crime, etc.), and the statements of victims and witnesses (E and G) corresponding thereto fall short of consistency, etc. It is difficult to make it reliable.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged erred by misapprehending the facts.

B. The lower court’s sentencing is too unreasonable.

3. Determination

A. As to the assertion of mistake of facts, the lower court determined that, in light of the following circumstances revealed by the evidence adopted, the victim’s statement that corresponds to the fact that the victim was forced to commit an indecent act on the part of the facts charged (in combination with C around 02:00 on October 10, 2017, the Defendant exceeded the panty of the victim, who was the inmate, and met the sexual organ of the victim, was deemed to be reliable, and that the Defendant could have committed such an offense in addition to other evidence.

① The statements in the investigative agency and the court of the court below, which correspond to this part of the facts charged, maintain consistency in the main part of the fact of damage.