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1. The part of the judgment of the court below against Defendant A is reversed.
Defendant
A Imprisonment with prison labor for a maximum of three years and six months, short-term.
Reasons
When referring to Defendant A (hereinafter referred to as Defendant A) of the summary of the grounds for appeal, his/her name shall be omitted, and only the name shall be entered as “Defendant”, and the upper accused.
(Unfair of Sentencing) The sentence imposed by the court below (the completion of a sexual assault treatment program with a maximum of four years of imprisonment, a short of three years and 40 hours of imprisonment) is too unreasonable.
Defendant
B (Unfair of Sentencing) The sentence imposed by the court below (for 3 years of suspended sentence, observation of protection, community service for 240 hours and lecture for sexual assault treatment for 40 hours) is too unreasonable.
To seek a ruling to forward the case to the Juvenile Department.
In full view of the facts as to the portion of the crime which was not committed by the prosecutor (defendant A) and the victim C’s statement, the defendant attempted to destroy evidence, the statement of the witness, and the circumstances at the time of being confirmed by CCTV, etc., the defendant was found to have sexual intercourse with the victim C at the time of the instant case by using the victim C’s physical and mental loss or incompetence, etc. under the influence of alcohol.
Even if not,
Even if by force, the victim's free will is restricted and sexual intercourse with the victim C is recognized.
Nevertheless, the lower court rendered a not guilty verdict on this part of the facts charged, which erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
The above sentence sentenced by the court below against the defendant who was found guilty is too unhued and unfair.
The prosecutor's assertion of mistake on the facts (as to Defendant A), the main charge of this part of the facts charged (rape-rape) was administered by the Defendant to Defendant C (as to March 5, 2017, 15 years of age at the time) who was under the influence of drinking and drinking with Defendant's friendship around 02:40 on March 5, 2017, while drinking with Defendant C (as to Defendant A, 15 years of age at the time) and the “Eel” F.
The defendant has sexual intercourse with the victim by reporting that the victim was in a state of save, such as save, etc. while drinking.