The judgment below

The defendant's case against the Defendants is all reversed.

Defendants shall be punished by imprisonment with prison labor for up to two years and six months.

1. Summary of grounds for appeal;

A. As to the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Special Rape) among the facts charged in the instant case, Defendant A and the respondent for the attachment order (hereinafter referred to as “Defendants”), there is an error of misconception of facts and misapprehension of legal principles concerning the mistake of facts (as to the guilty part concerning the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes). Defendant A did not have a sexual relationship with the victim G and even if it is acknowledged that there is no family sex relationship with the victim G, Defendant B has a sexual relationship once under the agreement with the victim G, and the Defendants do not have a sexual relationship by exercising force to suppress the victims’ resistance. Nevertheless, the lower court found the Defendant guilty of the charges in the instant case concerning the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Special Rape) by the statement of the victims lacking credibility, and there is no error of law by misunderstanding facts against the rules of evidence, misunderstanding of legal principles concerning the degree of assault and intimidation of rape, which affected the judgment.

B. Prosecutor 1) misunderstanding of facts (as to the acquittal part of Defendant case) (as to the acquittal part of Defendant B’s reasons), each of the statements made by the victim G, the victim G, the police and the prosecutor’s office are specific and consistent and reliable.

Nevertheless, the court below did not recognize the credibility of the statements of the above victims, and raped the part of Defendant B who raped the victim H and the victim G twice.