성폭력범죄의처벌등에관한특례법위반(특수준강간)
The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for two years.
except that this judgment.
1. Summary of grounds for appeal;
A. Defendant A misunderstanding the fact that Defendant A 1 had sexual intercourse under the agreement with the victim, but did not have sexual intercourse with the victim by taking advantage of the victim’s non-competence condition.
Nevertheless, the court below found the defendant guilty of having sexual intercourse with a victim under the influence of alcohol, which affected the conclusion of the judgment by misunderstanding the fact.
2) Sentencing of the lower judgment’s unfair sentencing (a 4 years of imprisonment, 40 hours’ order to complete sexual assault treatment programs, and 5 years’ order to disclose personal information) is too unreasonable.
B. The sentencing of the lower judgment (unfair sentencing) by Defendant B (a two and half years of imprisonment, and an order to complete a sexual assault treatment program 40 hours) is too unreasonable.
(c)
Comprehensively taking account of the fact that the Defendants were inter-university-friendly and nearby universities; the crime of quasi-rape and attempted quasi-rape committed by the Defendants was committed within two hours in a narrow studs of the same studio punishment; and Defendant B made a false statement concerning the whereabouts after the Defendants committed the crime, the Defendants can be recognized that the Defendants jointly committed quasi-rape.
Nevertheless, the lower court determined that each of the Defendants constitutes a case where there is no evidence of a crime in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special quasi-rape). This is erroneous in the misapprehension of facts, thereby affecting the conclusion
2. Determination:
A. The lower court’s determination on the prosecutor’s assertion of mistake of facts against the Defendants is as follows: (a) there is no direct evidence to confirm that the Defendants conspiredd to engage in sexual intercourse with the victim; (b) it is unclear whether Defendant B participated in the Defendant A’s criminal act during sexual intercourse with the victim; and (c) what was the victim at the time.