The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for four years.

Defendant

A.

1. Summary of grounds for appeal;

A. Although the Defendant and the respondent B of the attachment order (hereinafter “Defendant B”) and the Defendant A did not commit any indecent act by force or rape as indicated in the lower judgment, the lower court believed only the victim’s statement without credibility and found the Defendant guilty.

B. The lower court’s punishment (18 years of imprisonment) against Defendant B and the lower court’s punishment against Defendant A (5 years of imprisonment) is too unreasonable.

2. Determination:

A. Part 1 of the case of the defendant's judgment ex officio prior to the judgment on the grounds for appeal by the defendants. Since the court below acknowledged the part concerning the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes by the defendant A among the facts charged in the case as aiding and abetting a crime, the court below should have determined the applicable punishment against the above defendant pursuant to Article 32 (2) of the Criminal Act. However, the court below should have determined the applicable punishment by simply omitting legal mitigation and adding concurrent crimes between the remaining facts. Thus, this part of the judgment of the court below is no longer maintained. However, despite the above reasons for ex officio reversal against the defendant A, the defendants' assertion of mistake of facts is still subject to the judgment of the court of this case. 2) The defendants asserted that there was no fact that they committed indecent act by force or rape in the judgment of the court below, and therefore, the court below rejected the judgment by comparing the defendant's police, the prosecutor's office, and the court below's oral statement with the records and objective circumstances of the victim's statement.