The judgment of the court below (including the part not guilty in the grounds) shall be reversed.

The punishment of the accused shall be determined by a year of imprisonment.

(b).

1. Of the facts charged in the instant case, the lower court determined that the part concerning the crime of similar rape against the victim B in the instant case and the crime of rape against the victim D was acquitted (not guilty in the grounds), and found the Defendant guilty of the crime of indecent act by compulsion and the crime of negligence against supervisor, which are each ancillary facts charged. The Defendant appealed only the part of the lower judgment’s conviction, and appealed on the ground of mistake of facts only the part of the Defendant’s conviction against the victim B and G, but on the ground of erroneous determination of facts, the part of the Defendant’s conviction against the victim D should also be reversed if the aforementioned assertion of mistake of facts was accepted. Accordingly

The prosecutor did not appeal.

In such a case, according to the principle of non-guilty appeal, the part of acquittal in the reasoning is also transferred to this court along with the convicted part. However, this part is already relieved of the object of trial from the object of attack and defense between the parties. Thus, this Court cannot decide on that part.

(See Supreme Court Decision 2004Do5014 delivered on October 28, 2004, etc.). Accordingly, the lower court’s conclusion on the part of acquittal for the above reasons is tenable.

2. Summary of the grounds for appeal;

A. The defendant's act of indecent act by compulsion against the victim B was a fact that the defendant delivered the victim B's chest, but sexual contact was made under the agreement with the victim B, and the defendant did not have any fact that the victim B met the negative part of the victim B.

Nevertheless, the lower court found the Defendant guilty of this part of the charges on the sole basis of the above victim’s statement without credibility.

Therefore, this part of the judgment of the court below is erroneous in law that affected the conclusion of the judgment.

B. The Defendant’s indecent act by compulsion against the victim G does not constitute an indecent act by compulsion of the victim G with the victim’s view to the reduction of the victim G.

Nevertheless, the lower court did not err by misapprehending its credibility.