All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. Defendant A’s misunderstanding of fact 1) As to the criminal facts of the lower judgment [2015 Gohap67] No. 3-b. ( quasi-rape) as indicated in the lower judgment, Defendant A did not have sexual intercourse with the victim U as stated in the facts charged.

2) As to Defendant B’s facts constituting an offense [2015 Gohap67 Gohap 67] as indicated in the lower judgment, Defendant B did not have an act of inserting fingers in the victim’s sexual flag.

B. The sentence sentenced by the lower court to the Defendants (7 years of imprisonment with prison labor for Defendant A, and 4 years of imprisonment with prison labor for Defendant B) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the lower court and the evidence duly admitted and examined by the lower court on the Defendants’ assertion of mistake as to each of the facts, the lower court’s finding of facts and determination on this part is justifiable, on the grounds that, in full view of the following circumstances acknowledged by the evidence duly admitted and examined by the lower court and the lower court, Defendant A’s quasi-rape crime against the victim U and the quasi-similar act of Defendant B can be sufficiently recognized.

Therefore, the Defendants’ assertion of mistake of facts is without merit.

1) 피해자의 진술 내용 피해자는 피고인 A의 준강간 범행에 관하여, 경찰 조사에서 ‘5 월 말경 Y 모텔 605호에서 자고 있었는데 A가 가슴을 세게 만져 잠을 깼다.

Since the snow was left, it was still off in the state where the sexual organ was inserted.

Republic of Korea 20 22

At the same time, I deducted the head of the party.

A가 갑자기 빼서 침대에 사정을 하였다 ’라고 진술하였고, 원심 법정에서도 ‘2015. 5. 말경 자고 있는데 가슴을 세게 만져서 잠에서 깼다.

눈을 떴을 때 A가 제 음부에 성기를 넣은 상태로 있었다.

A made a statement consistent with the facts charged, which stated that “A, with the intention of deducting her sexual organ, made a brutal situation after deducting her sexual organ.”

In addition, the victim is also the police who committed the quasi-similar act of the defendant B.