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The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment of one year and two months.
Defendant
A.
Reasons
1. Summary of grounds for appeal;
A. Defendant A1) In relation to the criminal facts of the judgment of the court below in misunderstanding of facts, although there is a fact that the victim has been quasi-rapeed, there is no fact that the victim has prevented and raped the victim’s resistance. Nevertheless, the court below found the Defendant guilty of this part of the facts charged, which is erroneous in the misapprehension of facts, thereby affecting the conclusion of the judgment. 2) The sentence of imprisonment (two years of imprisonment, etc.) imposed by the court below on the
B. The Prosecutor (the Defendant A: imprisonment with prison labor for two years, etc., Defendant B: imprisonment with prison labor for one year and six months) declared by the lower court to the Defendants is deemed to be too uneasible and unfair.
3. Determination
A. As to the Defendant A’s assertion of misunderstanding of facts, the lower court also asserted the same purport as the grounds for appeal in this part, and the lower court rejected the above assertion in detail under the “a summary of evidence”.
Examining the judgment of the court below closely and closely, the above judgment is justified.
B. As to the assertion of unfair sentencing by Defendant A and the prosecutor, there are favorable factors of sentencing or objective and neutral elements of sentencing such as the fact that Defendant A recognized most of the crimes of this case against Defendant A, the fact that the Defendant partially assisted the Defendant when the Defendant returned to the house after escaping from B, and that the Defendant agreed smoothly with the victim.
However, each of the crimes of this case recognized by evidence, evidence law, and legal principles is a case where the defendant raped the victim and aided and abetted the attack in B, and the nature of the crime is not good, and the victim seems to have caused a considerable sense of sexual humiliation and fear. On April 14, 2011, the defendant was sentenced to one year to imprisonment with prison labor at the High Military Court for the Ministry of National Defense, etc. on June 20, 201, and executed the sentence in the Army Prison on June 20, 201.