The defendant's appeal is dismissed.

1. Of the facts charged against the Defendant, the lower court convicted the Defendant of the charge of assaulting the Victim C, and convicted the Defendant of compelling indecent conduct and assaulting the Victim F, which is the remainder of the facts charged.

Therefore, since only the defendant appealed against the guilty portion of the judgment of the court below, the scope of the judgment of this court is limited to the guilty portion of the judgment below.

2. Summary of reasons for appeal;

A. Although the Defendant did not commit an indecent act against the victim, the lower court found the Defendant guilty of this part of the facts charged, it erred by misapprehending the facts.

B. The punishment sentenced by the lower court (an amount of KRW 3 million) is too unreasonable.

3. Determination

가. 사실 오인 주장에 관한 판단 피고인은 원심에서도 같은 취지의 주장을 하였고, 이에 대하여 원심은 피해자의 일관된 진술과 사건 발생 직후 피해자의 가슴 부위에 빨갛게 변한 자국이 남아 있던 점 등을 근거로 피고인의 주장을 배척하였다.

In this regard, the Defendant asserts to the effect that, in particular, the photograph taken of a red country on which the victim’s chest remains, was taken after the lapse of 3 hours and 30 minutes after the occurrence of the instant case, and that it cannot be readily concluded that the above country was due to the Defendant’s indecent act.

However, in light of the fact that the recording of the police statement (19th page of the evidence record) against the victim was started at around 10:57, the time of the occurrence of the instant case at around 14:36, which was 30 minutes after the lapse of 10:57, the time of the occurrence of the instant case, and the recording of the victim’s statement (13th page of the evidence record) was terminated at around 11:50, it is sufficient that the above pictures were taken for a long time after the instant crime.

Even if the above photographs were taken after the lapse of 3 hours and 30 minutes after the crime of this case, as alleged by the defendant, the above pictures are old.