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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In fact, the Defendant committed an act of breaking the victim's chest who had been unable to resist due to alcohol, cutting off his clothes, putting his fingers into the victim's body, and pushing his body into the victim's body. However, although the Defendant did not insert his sexual organ, the lower court erred by misapprehending the facts by recognizing the Defendant as being in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes by Joint Quasi-rape.
B. The sentence imposed by the lower court on the Defendant (one year and six months of imprisonment for a maximum term of two years, and 80 hours of completing sexual assault treatment programs) is too unreasonable.
2. Determination
A. On April 22, 2012, at around 00:40, the summary of the facts charged is as follows: (a) the Defendant: (b) at the first floor of the Damina room of the 1st floor of the Do Building (Eno No. 2; (c) the Defendant f of the victim who dams alcohol together with the victim F (the Defendant was unable to have his mind by drinking 17 years of age; and (d) was in singing a singing event; (c) the Defendant dambling the victim’s chest and her finger; and (d) dembling the victim’s chest; and (d) the Defendant had sexual intercourse by inserting his sexual organ into the part of the victim; and (e) C took the same form as a mobile phone camera.
Then, C took his face in the victim's bucks place without hand, and the Defendant taken the victim's bucks with the aforementioned cell phone camera.
As a result, the Defendant modified the indictment to the effect that “Rape” among the facts charged in the instant case was changed to “competing” during the second trial of the lower court on the date of the lower court’s second trial, and the Defendant changed the indictment to the effect that “the Defendant conspireds with the Defendant, and rapes the victim,” “the Defendant is rapeing the victim, who is under the influence of alcohol due to his or her conspiracy and conspiracy,” and the fourth trial date.