The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for three years.

80 hours against the Defendants.

1. Summary of grounds for appeal;

A. In fact, misunderstanding of legal principles 1) The victim had her drinking alcohol at the time of the instant case, but did not have any resistanceable condition, and the Defendants did not have known that the victim was unable to resist due to drinking at the time.

2) While Defendant B had sexual intercourse with the victim, Defendant A did not perform any act, such as she was off from his/her clothes and did not go against the victim’s arms by putting the victim’s arms, and Defendant A and B had sexual intercourse with the victim separately. As such, there was no sharing between two or more persons in the conduct of rape.

B. The sentence of the lower court’s improper sentencing (4 years of imprisonment each with prison labor) is too unreasonable.

2. Determination

A. 1) The Defendants asserted to the same effect as the lower court, as to whether the victimized person was in an impossible state of resistance, and whether the Defendants were aware of it.

In full view of the following facts and circumstances admitted by the evidence of the judgment, the court below rejected the Defendants and the defense counsel’s assertion on the ground that the victims were in a situation where they were unable to resist or resist, and the Defendants knew of this and used it for their sexual intercourse.

1. The victim was unable to associate with most of the situation in a simple manner, in addition to memory of a part of the net situation at the time, and did not hear the body even though he/she attempted to resist.

It seems that a considerable amount of alcoholic beverage exceeds the amount of alcoholic beverage which is deferred to be made.

② The victim was seated, stroke, and was stroke while working and drinking, and did not look at the house while arriving around the house.

③ The victim repeats the sound and relationship between the Defendants and repeats them, and did not find any house. As such, the victim did not help the Defendants.