All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) In fact, the Defendant, while drinking alcohol together with G, F, and the victim, did not commit a quasi-rape with the victim, as described in the facts charged, only when G and F had a sexual intercourse one time with the victim under the agreement between G and F on August 14, 2016 and 22:00.

2) The lower court’s sentence (three years of imprisonment) against an unjust defendant is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too uneasible and unreasonable.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, the results of genetic appraisal of the clothes, etc. of the victim are as follows, according to the statement of the reply of the Director of the National Institute of Scientific Investigation to request appraisal.

In full view of the following facts or circumstances admitted by the Defendant, male ② 2 victim’s conspiracy 1, male ② Defendant 3 victim’s external part, quality contents, and knife 8, Defendant 4’s oral part of the victim’s blood and voice victim 5 victim’s blood and voice victim 7 G of the victim’s blood and voice victim 5 victim’s blood and sound part of the 7th sexual part of the 7th sexual flag of the victim, Defendant 5 victim’s 5 victim’s blood and voice victim’s blood and sound part of the 8th sexual part of the 8th sexual part of the 7th sexual part of the 5th sexual part of the victim, Defendant 2 point of the 1st knife 7th knife 9 of the knife knife, female ① kife, the above fact of recognition, and the lower court’s duly adopted and investigated by evidence, the Defendant’s assertion of mistake is without merit.

2) At around 23:00 on August 14, 2016, the credibility of the victim’s statement, G, F, and the victim drinked alcohol together with the instant pen, and around 23:00 on August 14, 2016, G and the victim met each other from the first floor, and the Defendant and F themselves met from the second floor. G and the victim got diving for a long time, and F locked after having sexual intercourse with the Defendant.

In this regard, the victim 24:00 on the same day is scam that the victim inserts the sexual organ into the negative part of the victim.