beta
Text
All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Improper sentencing of Defendant A
B. Defendant B’s mistake of the facts did not enter a male toilet, which is the place of crime, at the time of the crime, and there was no time when the victim F’s buck.
2) Improper sentencing
2. Determination
A. As to the Defendant B’s assertion of mistake of facts, Defendant B also asserted the same purport in the lower court.
Therefore, according to the following circumstances acknowledged by the evidence duly admitted and investigated, namely, ① the statement of the victim F and his/her daily behaviors and the victim’s face photograph, it is evident that the victim meets her clock from one person during the commission of the defendant A, ② the victim has consistently selected the defendant from the investigative agency to the court of the court below, ② the victim has consistently been designated as a criminal, and the victim’s consistency and physical strength, and the victim’s attitude of statement was sufficiently reliable; ③ the victim was in the toilet at the time.
I also pointed out that the victim was the defendant, K and M. K and M. also stated that the victim was the victim, "The victim was in the toilet at the time", and that the victim's statement could be reliable in light of consistency, physical strength, attitude of statement, etc. of each statement, ④ Meanwhile, the defendant's behavior A and N stated that "the defendant was in the singing room at the time, and there was no inside the toilet at the time," but this is inconsistent with the initial statement in an investigative agency, and it is difficult to believe that it is contradictory to the initial statement in the investigation agency, and that there is a possibility of a false statement in light of the relation with the defendant and the process of agreement with the defendant. ⑤ The defendant argued that the victim who abused based on N's statement was L, and the defendant argued that the victim was the victim who assaulted based on N's statement in the original investigation agency as well as that the statement in the court below is not sufficient to believe it; L is consistently stated that there is no assault against the victim; and there is only 30 million won in the process of request by the defendant.