The judgment below

The part concerning Defendant B (including the part not guilty in the grounds) and the part concerning Defendant C shall be reversed, respectively.

1. Summary of grounds for appeal;

A. Defendant B (hereinafter “Defendant B”) was mentally defective, or Defendant B (hereinafter “Defendant B”) was a mentally handicapped person who was unable to discern himself/herself from his/her ability to distinguish things or make decisions due to the influence of alcohol at the time of the instant case. Defendant B was in a state of lacking capacity to distinguish things or make decisions due to the influence of alcohol.

Nevertheless, the lower court found the Defendant to have committed the instant crime in a normal state, thereby adversely affecting the conclusion of the judgment.

B) The imprisonment (five years of imprisonment) imposed by the lower court on Defendant B is too unreasonable and unfair. 2) The imprisonment (seven years of imprisonment) imposed by the lower court on Defendant C (hereinafter “Defendant C”) is too unreasonable.

B. Defendant B’s joint rape (not guilty part of the grounds) in Defendant B’s joint rape (not guilty part). In light of the following: (a) the victim stated two persons who inserted the sexual organ; (b) Defendant C prepared and waiting to engage in sexual intercourse, such as wearing the mixed sea, etc. while the victim sexual intercoursed immediately next to the victim; (c) the victim was under the influence of alcohol; (d) the victim was under the influence of alcohol; and (e) the victim was in a state of not having been able to immediately resist the sexual organ, and thus, Defendant B could have immediately inserted the sexual organ, it is reasonable to deem that Defendant B committed sexual intercourse. However, the lower court acquitted Defendant B of the part of joint rape by Defendant B on the ground that there is no evidence to prove that Defendant B had sexual intercourse with the victim.

Therefore, the judgment of the court below is erroneous in affecting the conclusion of the judgment.

B) Defendant A’s joint rape (not guilty part) (hereinafter “Defendant A”)

Defendant C, etc. at the time of committing the instant crime.