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The judgment below
The guilty part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
(b) the defendant;
Reasons
1. Scope of adjudication of this court;
A. (1) On July 25, 2009, the Defendant committed rape with Co-Defendant B (hereinafter “Co-Defendant B”) on the charge of violating the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof (hereinafter “instant charges of special rape”); and (2) on July 28, 2009 (the first instance trial was recognized on July 30, 2009), committed rape with B (hereinafter “the instant charges of special rape”); (3) on August 7, 2009, the Defendant was convicted of committing indecent act by compulsion; and (4) on the charge of committing indecent act by compulsion, the lower court acquitted the Defendant of the instant charges of violation of the Sexual Violence Act (hereinafter “the instant charges of special rape”); and (4) on August 28, 2009, the Defendant prosecuted the instant charges of indecent act by compulsion; and (3) on the charge of indecent act by compulsion of juveniles (hereinafter “the instant charges of indecent act by compulsion”).
Since the Defendant appealed only to the guilty portion of the lower court, the facts charged of the instant indecent act were separated and finalized.
(2) The first instance court prior to the remanding of the Defendant’s appeal convicted the Defendant of the facts charged for special rape 1 of this case, and found the Defendant guilty of this part of the facts charged for special rape 2 of this case. Unlike the facts charged for committing joint crimes by accepting the allegation of mistake of facts as to the facts charged for special rape 3 of this case, the Defendant’s sexual intercourse with the victim L, unlike the facts charged for committing joint crimes, falls under Article 7(3) and (1) of the former Act on the Protection of Juveniles against Sexual Abuse (wholly amended by Act No. 9765 of Jun. 9, 2009; hereinafter the same shall apply) and Article 297 of the Criminal Act.