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All the judgment below is reversed.
Defendant
A shall be punished by imprisonment for four years, and imprisonment for two years and six months, respectively.
Reasons
1. Summary of grounds for appeal;
A. The lower court’s imprisonment (three years of imprisonment, etc.) against Defendant A is too unreasonable.
B. According to the evidence related to the assertion of mistake of facts, the court below found the fact that the Defendants made quasi-rape or aided and abetted the crime of quasi-rape respectively. In contrast, the court below found the Defendants not guilty of this part of the facts charged is erroneous in misunderstanding of facts (the point of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendants) and the point of aiding and abetting the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant A) (the point of aiding and abetting the Defendant A) against the Defendant A (the Defendant against the Defendant A).
2. Judgment on the prosecutor's assertion of mistake of facts
A. The facts charged 1) Defendant B indicated in the facts charged in this part as follows: (a) Defendant B was parked in the Pyeongtaek-si parking lot located in Pyeongtaek-ro 616, Pyeongtaek-nam, Pyeongtaek-si, on March 5, 2018; and (b) Defendant B stated “victim” in this paragraph as “victim” within the G5-car G G Ha operated in the 616-ro Ga.
(2) The Defendant B, at around 01:00 on March 6, 2018, had a female drink so as to be in a state of drinking. On the other hand, Defendant B had a sexual intercourse with the victim by inserting his sexual organ into the back of the said vehicle parked at the J Hospital located in Pyeongtaek-si I and putting the victim’s lower part of the victim’s sexual organ parked at the lower part of the said vehicle. As a result, Defendant B entered “Rape” in the indictment, but it is reasonable to indicate “rape” or “rape” in light of applicable provisions or criminal facts. Defendant A’s charge on the part of the victim H is also the same as Defendant A’s charge on the crime of quasi-rape of the Act on the Protection of Children and Juveniles against Sexual Abuse (the crime of aiding and abetting Defendant A on March 3, 2018).