The judgment of the court below is reversed.

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

Sexual assault, 40 hours against the defendant.

1. Summary of grounds for appeal;

A. In full view of the following circumstances, the Defendant’s inserting of fingers into the victim’s sexual intercourse is subject to the victim’s consent. However, the lower court found the Defendant guilty of this part of the facts charged by unreasonably analogying the legal doctrine of indecent act by compulsion, and thus, it erred by misapprehending the legal principles or by misapprehending the legal principles.

(1) There was no special threat or threat to the defendant in the process of inserting his/her fingers into the victim's sexual intercourse.

In addition, the insertion of fingers is one of the agreed series of sexual contacts, and the defendant has been able to sufficiently anticipate the victim's sexual organ due to fingers while photographing several photographs from before inserting the fingers. As such, the victim could have been able to inserting his fingers sufficiently. Thus, the victim is not allowed to be able to do so.

(2) The inserting of the fingers into the victim’s sexual organ is only physical contact conducted with the consent of the victim for the purpose of photographing them, and the defendant has no intention to commit similar rape.

The victim is aware of the result of the photographing and led to the complaint of this case, and the victim cannot recognize the intention of similar rape retroactively due to ex post facto decentralization of the victim.

(3) The victim's statements are not reliable because they are inconsistent with objective facts and empirical rules.

B. Prosecutor 1) misunderstanding of facts or misunderstanding of legal principles (the victim of the acquittal part of the judgment of the court below only consented to the shooting of photographs mainly focused on the scam for the publicity of scam, and there is no comprehensive consent to the Defendant’s indecent act or similar rape or the victim’s sexual intercourse or the victim’s sexual intercourse with the victim’s sound or chest.

Nevertheless, the court below erred in this part of the facts charged that the defendant taken a similar rape of the victim.