All of the judgment of the first and third court and the judgment of the second court guilty shall be reversed.

Defendant shall be sentenced to one year and four months of imprisonment.

1. The second instance court dismissed the prosecution on the charge of assaulting the Defendant among the facts charged against the Defendant, and convicted the Defendant of the remainder of the facts charged.

However, since only the defendant appealed against the guilty portion of the judgment of the court of second instance, the dismissed part of the judgment of the court of second instance is separately determined as it is after the lapse of the appeal period, and the scope of the judgment of this court is limited to the guilty

2. Summary of grounds for appeal;

A. On the first instance judgment, the Defendant (the Defendant and the Prosecutor), partially erroneous facts, and the Defendant denied the charge of indecent act by force among the facts constituting the crime in the judgment of the court below. While there are circumstances to suspect that the victim distorted or exaggerated statements in the situation at the time, the court below erred by misapprehending the facts charged on the grounds of consistent victim’s statement and witness’s statement as to the developments leading up to the occurrence of the crime. Even if the Defendant was guilty of indecent act by force, in light of the fact that not only the victim of the injury but also the victim of indecent act by force had expressed his intention not to punish the indecent act by force, the court below’s sentence (5 million won, etc.) is too unreasonable.

B. As to the judgment of the court below of second instance (the appeal by the defendant: Partial misunderstanding of facts and unreasonable sentencing), the defendant merely obtained stick from H, and did not have the intention of special larceny, but the court below convicted him of the crime of special larceny as stated in the judgment of the court below. The court below erred by misapprehending the facts.

Even if the criminal facts of special larceny, other than gambling and larceny, recognized by the defendant, are also convicted, the court below shall be sentenced to imprisonment in light of various circumstances.