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The judgment below
The guilty part against the defendant A and the innocent part.
Reasons
1. Summary of grounds for appeal;
A. Defendant A misunderstanding the facts in Defendant A1’s statement of appeal on June 20, 2017, Defendant A asserted the misunderstanding of facts as to the violation of the Punishment of Violences, etc. Act (joint conflict) and the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (use of camera, etc.). However, Defendant A expressed the intent to recognize and reflect the facts regarding each of the above parts through a defense counsel’s written opinion on July 31, 2017 and a written summary of the oral argument on August 18, 2017, and thus, Defendant A’s assertion of mistake as to this part is deemed to have been explicitly withdrawn.
The defendant was raped through a legal evaluation in his own name on the basis of objective facts that L had sexual intercourse against the defendant's will.
The report is merely a false report, and it is not a false report without conviction, and there was no intention to make a false report.
2) The sentence of the lower court’s unfair sentencing (two years and six months of imprisonment, 40 hours of order to complete a sexual assault treatment program, confiscation) is too unreasonable.
B. Defendant B’s punishment (unfair sentencing) of the lower court (five years of imprisonment with prison labor for a two-year period of suspension of execution, 80 hours of community service order, 40 hours of lecture order for treatment of sexual assault, confiscation, and collection) is too unreasonable.
(c)
1) In full view of the fact that Defendant A committed sexual traffic against Q and R in violation of the Act on the Punishment of Acts, including the Mediation, etc. of Commercial Sex Acts (Commercial Sex Acts) against Defendant A, each of the statements made by Q and R investigation agencies, Defendant B’s statements, etc., Defendant A was fully admitted that Defendant A committed sexual traffic. Therefore, the lower court acquitted Defendant A of this part of the facts charged, which erred by misapprehending the facts and affecting
B) It can be sufficiently confirmed that the Defendants were exposed to the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against the Defendants, taking full account of the images taken by the Defendants and the recorded voice, and that the video information was recorded in a temporary storage device (RAM) within a black box.