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The judgment below
Part concerning Defendant A and B shall be reversed.
Defendant
A Imprisonment with prison labor for five years, and Defendant B.
Reasons
1. Summary of grounds for appeal;
A. Defendant A and B1 of the misunderstanding of facts and legal principles: (a) Defendant A paid the price to the victim and made a sexual intercourse under the agreement with the victim; and (b) Defendant B did not have a sexual intercourse at the time when the Defendant A and the victim had a sexual intercourse; and therefore, the Defendants did not rape jointly with the victim.
② The number of days of medical treatment the victim suffered is not the case’s crime, but the case’s injury caused by rape is not the case’s crime.
2) The sentence of the lower court’s improper sentencing is too unreasonable.
B. Defendant C’s punishment is too unreasonable.
2. Determination
A. As to the assertion of misunderstanding the facts and legal principles in Defendant A and B, Defendant A and Defendant B: (a) expressed to the purport that, around June 14, 2014, Defendant A and Defendant B were the victim J (27 years of age) who had been left “I” from “I” Ha, the Government-si, and the victim J (27 years of age) who performed drinking with K and went back to the above K and got married with the victim; (b) Defendant B was able to rape the victim under the influence of alcohol; and (c) Defendant B was “I was placed at a canter to prevent the victim from getting off.” Accordingly, Defendant B was unable to drive the victim by dividing the victim’s arms into the victim’s arms, and Defendant B continued to have sexual intercourse with the victim’s body after getting off the victim’s clothes and then getting off the victim’s body, and continued to have sexual intercourse with the victim’s body after getting off the victim’s body.
As a result, the Defendants jointly raped the victim, and in the process, they suffered from the victim's reguination of the number of days of treatment.
2) The lower court determined as to whether the Defendants jointly committed rape (A). The following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, i.e., Defendant A and B from the investigative agency to the lower court.