Defendant

In addition, both the respondent for attachment order and the prosecutor's appeal are dismissed.

1. Summary of grounds for appeal;

A. The Defendant and the person who requested the attachment order (hereinafter “Defendant”) do not constitute quasi-rape inasmuch as the misunderstanding of the fact that the Defendant and the person who requested the attachment order (hereinafter “Defendant”) had a sexual intercourse under the agreement with the victim, thereby not constituting quasi-rape.

2) The sentence of the lower court (defendant B: imprisonment with prison labor for 2 years and 6 months; imprisonment with prison labor for 3 years and 1 year and 2 years of suspended execution) is too unreasonable.

B. Prosecutor 1) The Defendants were the assistant principal of the intent to have sexual intercourse or indecent act with the victim at least implicitly.

Although it is sufficient to see it, the court below found the defendant not guilty as to the crime committed jointly or in collusion.

2) The lower court’s sentence against the Defendants is too uneasible and unfair.

3) Since part of the Defendants’ request for disclosure notification and attachment order are likely to repeat a crime, disclosure notification order and attachment order request should be accepted.

2. Determination

A. As to the Defendant B’s assertion of mistake of facts, the lower court also asserted the same as the grounds for appeal in this part of this case, and the lower court rejected the above assertion in detail by stating in detail the judgment on the “judgment on the Defendant B and the defense counsel’s assertion” of the judgment.

In light of the following circumstances that can be recognized by the evidence duly adopted and investigated by the court below along with the circumstances stated by the court below, the judgment of the court below is just and acceptable, and there is an error of law by mistake of facts as alleged by the defendant B.

subsection (b) of this section.

Therefore, we cannot accept this part of Defendant B’s assertion.

① Even according to Defendant B’s statement, the Defendants, the victims, and their behaviors were frightened and carried out games, and the Defendants and the victims were frightened back to K, and the Defendants and the victims were sexual intercourses with the victims who were locked in the same room.