The judgment below

The guilty part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for a term of one year and two months.

1. The lower court found Defendant A guilty of violating the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc. and the Act on Promotion, etc. of Utilization and Information Network Utilization and Information Protection, etc., and sentenced Defendant A not guilty of the charge of rape and quasi-rape. The lower court rendered a judgment of not guilty of all of the charges of this case regarding Defendant B’s rape assistance and quasi-rape assistance.

As to this, the defendant A appealed to the guilty part, and the prosecutor appealed to the defendant A only about rape among the guilty part and the acquittal part, and with respect to the defendant B, only about rape aiding and abetting from rape among the acquittal part.

Therefore, the part of the innocence of quasi-rape against Defendant A and the part of the innocence of Defendant B, which was not appealed by the Defendants and the prosecutor, are separated and confirmed as they are (see, e.g., Supreme Court en banc Decision 91Do1402, Jan. 21, 1992). The scope of this court’s trial is limited to the charge of rape among the part of the conviction against Defendant A and the part of the innocence against Defendant B and the part of the rape.

2. Summary of grounds for appeal;

A. The lower court’s sentencing against Defendant A is too unreasonable.

B. Prosecutor 1) In the event that Defendant A obtained the victim’s trust and awareness of misunderstanding of facts (hereinafter “Defendant A”), and Defendant A did not hear the victim’s talk by taking advantage of the victim’s unstable mental state, Defendant A’s warning to the victim would cause confusion.

Therefore, although Defendant A could fully recognize the fact that he had raped the victim in a situation where his resistance against his act is considerably difficult, the judgment of the court below which acquitted Defendant A of the facts charged of rape.

B. Defendant B is the victim’s personal injury to Defendant A.