성폭력범죄의처벌등에관한특례법위반(특수강도강제추행)등
All appeals by the Defendants are dismissed.
1. Summary of grounds for appeal;
A. The defendant A (hereinafter referred to as the "A")
(A) Criminal facts in the judgment of the court below: ① Defendant B (hereinafter “B”) did not conspired to commit a crime; ② Defendant C (hereinafter “C”) did not have dance with the victim; ③ did not have prepared a knife in advance for the knife of the victim; and ④ did not request the victim to return clothes or demand KRW 4 million when the victim demanded money.
B) Facts constituting the crime No. 2-A(a) of the judgment of the court below: The defendant's sending text messages to the victim; however, the defendant's sending of text messages to the victim's own end does not demand KRW 4 million.2) The defendant B did not invite other defendants to commit the crime as stated in Paragraph 1(1) of the judgment of the court below, and only he was under the influence of alcohol at the time of the crime.
3) Defendant C, (1) and Defendant C, together with Defendant A, did not intend to commit robbery as stated in paragraph (1) of the judgment below, but did not commit the crime, and Defendant B did not intend to commit the crime; (2) there was no knife with the victim; and (3) there was no prior preparation for the knifeing of the victim; and (4) there was no demand from the victim for the victim to return money; and (2) there was no fact that Defendant A followed the victim’s clothes or demanded KRW 4 million. However, even though there was a fact that Defendant A (Defendant A and C) took the part of the victim’s face, it was merely a fact that Defendant A took the part of the victim’s face, which did not constitute a crime of indecent act by compulsion. (C) The crime of unfair sentencing (the Defendant’s imprisonment with prison labor for six years, Defendant B, and C: each of the five years imprisonment with prison labor for the Defendants is too unfair.
2. Determination
A. Defendant B is another Defendants and the lower court’s judgment on the assertion of mistake of facts.