The judgment below

The part against the Defendants is reversed.

Defendant

A Imprisonment for a maximum of three years, a short of two years and six months;

1. Summary of grounds for appeal;

A. Defendant A misunderstanding the fact that Defendant A 1 had sexual intercourse with the victim, and Defendant B (hereinafter collectively referred to as Defendant A and Defendant B) did not seem to have committed an indecent act so as to have sexual intercourse with the victim.

In addition, since one victim has responded to the request of the purchase of tobacco with his/her crow card, and has used the crow card for the purchase of raw water for the victim, it is not a crime of fraud or a crime of violation of the law related to credit finance business.

Unlike this, the court below's finding of guilty of this part of the facts charged is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

2) The sentence of the lower court’s unfair sentencing (7 years of imprisonment with prison labor for a maximum of 7 years, 5 years of short term) is too unreasonable.

B. Defendant B: The sentence of the lower court (the maximum of four years of imprisonment with prison labor, the short of two years) is too unreasonable.

2. Determination

A. As to Defendant A’s assertion of misunderstanding the facts about Defendant A’s special quasi-rape, the Defendants and C in charge of violation of the Act on the Punishment, etc. of Sexual Crimes (special quasi-rape) were pro-Japanese short-term and the victim H (the victim’s age 17; hereinafter “victim”) was known to each other as a female-child organization of Defendant A’s friendship.

Defendants and C, around May 17, 2016, while drinking alcohol together with the victim, were provided to the victim, and had the victim drink with the beer, and had the victim drinkd with the beer and beer. During the same day, the Defendants and C moved to the front parking lot of the Gu J building in Ansan-si around 01:40 on the same day.

The Defendants and C had expressed mind to commit an indecent act and sexual intercourse with the victim by using the person who was in an impossible state of resistance without gathering the victim's body properly at that place.

Defendant

A lying the victim on a broad-scale stone located on the floor at which the victim was placed, and the victim's eavess are placed on the upper door, and the victim's clothes are cut off, and the victim's sound was cut off by hand, and the defendants B and C are also charged with them.