The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for three years.

except that for five years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The defendants (e.g., imprisonment with prison labor for not more than three years, five years of suspended sentence, etc.) are excessively unreasonable.

B. The prosecutor misjudgments facts and misapprehension of legal principles stated the grounds for appeal of this case on July 24, 2020 concerning the grounds for appeal of this case on the first trial date of this court, and asserts mistake of facts, misapprehension of legal principles, and unreasonable sentencing as grounds for appeal.

The prosecutor's petition of appeal and statement of grounds of appeal regarding the judgment of the court below stated only erroneous facts and misapprehension of legal principles as the grounds of appeal, and there is no specific assertion about the sentencing of the court below. Thus, the prosecutor cannot be deemed to have considered unfair sentencing as the grounds of appeal.

The judgment below

According to the statements, etc. of the victim at the acquittal of reasons, it is acknowledged that the prior process necessary for the execution of joint rape after the defendant A following the prior recruitment of the defendants, which led to the suppression of the victim's resistance, and that the defendants continued rape as stated in the facts of the crime in the judgment below.

Therefore, the judgment of the court below which rejected the credibility of relevant evidence without reasonable grounds and acquitted the facts charged on this part is erroneous in the misapprehension of legal principles and misconception of facts.

2. Judgment on the prosecutor's misconception of facts and misapprehension of legal principles

A. On June 12, 2018, the summary of this part of the facts charged was as follows: (a) around 20:35, the Defendants conspired to have sexual intercourse with the victim in the residence of the Defendant A located in Ison-si, Leecheon-si, with the victim C (the name of the victim, the age of 22). In the absence of the victim, the Defendant A conspiredd to have sexual intercourse with the victim in a successive manner by stating that “A was known once without C’s refusal.”

Accordingly, at around 22:30 on the same day, Defendant A demanded the victim who entered the second floor for his own locked to be off clothes, and the victim's will and refusal to do so.