The judgment below

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

Defendant

A shall be punished by imprisonment for not less than two years and six months.

Defendant .

1. Summary of grounds for appeal;

A. Defendants 1) The lower court’s sentencing against Defendants A, B, C, A, B, and C is too unreasonable.

2) The injured party at the time of the instant case, such as misunderstanding of the facts as to Defendant DA, did not have a state of resistance impossibility, and Defendant D considered that the injured party had a sexual intercourse under the agreement with Defendant A, etc., and did not assist in the crime of quasi-rape of the injured party jointly with Defendant A, etc., on the ground that Defendant A et al. did not assist in the crime of quasi-rape of the injured party, the lower court convicted the injured party of the instant facts charged. In so doing, the lower court erred by misapprehending the legal doctrine and misapprehending the legal doctrine.

B) The lower court’s sentencing against Defendant D is too unreasonable.

B. The lower court’s sentencing against the Defendant A, B, and C of the Prosecutor is too uncomfortable.

2. Determination

A. We examine the judgment ex officio on the grounds for appeal by Defendant A prior to the judgment on the grounds for appeal by Defendant A.

Defendant

A as Zin, at the time of the pronouncement of the judgment of the court below, was sentenced to an illegal sentence for falling under “juvenile” under Article 2 of the Juvenile Act, but it is apparent that it was no longer applicable to a juvenile under the age of 19, and therefore, the part of the judgment of the court below that sentenced Defendant A to the above illegal sentence for Defendant A could no longer be maintained.

B. As to the Defendant D’s assertion of mistake, etc., Article 299 of the Criminal Act provides that a person who has committed sexual intercourse or indecent act by taking advantage of the person’s mental or physical loss, or the impossibility of resistance shall be punished as the crime of rape, similar rape, or forced indecent act under Articles 297, 297-2, and 298. In this context, the term “non-feasible condition” is called a state of resistance.

means cases where psychological or physical resistance is absolutely impossible or considerably difficult due to reasons other than loss of mental or physical nature in balance with Articles 297 and 298 (Supreme Court Decision 200.5. 5. 200).