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The judgment of the court below is reversed.
Defendant
A and B shall be punished by imprisonment for five years.
Defendant
Sexual assault against A and B for 80 hours each.
Reasons
1. Summary of grounds for appeal;
A. Defendant A 1) misunderstanding of facts and misunderstanding of legal principles) Defendant A shared the conduct of rape in cooperative relations in time and place with other Defendants at a time.
However, the lower court did not err by misapprehending the facts or by misapprehending the legal doctrine, thereby committing rape with another Defendants.
The recognition was recognized.
B) Defendant A was under the influence of alcohol at the time of committing the instant crime.
2) The sentence of the lower court’s improper sentencing is too unreasonable.
B. Defendant B (unfair sentencing)’s punishment is too unreasonable.
(c)
Defendant
C (misunderstanding of facts and misapprehension of legal principles) Although Defendant C did not rape the victim in collaboration with other Defendants, the lower court convicted Defendant C of the facts charged by misapprehending the legal doctrine or by misapprehending the legal doctrine.
2. Determination
A. First, we examine Defendant C’s assertion of mistake and misapprehension of the legal doctrine.
1) The summary of the factory laboratory around August 31, 2014, the Defendants drink the alcohol with the victim F (the age of 17) at Defendant C’s house located in Songpa-gu Seoul Metropolitan Government around the new wall, with the victim F around August 31, 2014; the victim was under the influence of alcohol to the extent that the body of the victim cannot be accumulated at the small room; the victim was able to look at the victim’s body; and the above small room was set out in the order before the above small room; first, the Defendant A, who entered the said small room, was able to see the victim’s her body and clothes, with the victim’s entrance. The victim her she she she was sealed by Defendant A with his hand, and she she was frighted by the victim, and she continued to put the victim’s sexual organ into the victim’s body with the victim’s body, and the victim’s body was frightd with the victim’s body’s body, and continued to put the victim into the victim’s body.