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The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for three years, and for one year and six months, respectively.
provided, however, that;
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles (Article 1 of the facts charged in the judgment of the court below) The Defendants did not commit violence or intimidation against the victim F, and only establish a sexual relationship with the victim F with the consent of the above victim, and there was no agreement among the Defendants or sharing of action with regard to sexual intercourse with the above victim. As such, each act of sexual intercourse with the above victim does not constitute a special rape under Article 6 (1) of the former Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof (amended by Act No. 10258 of Apr. 15, 2010, Act No. 10258 of Apr. 15, 2010, hereinafter the same). However, the court below erred in the misapprehension of facts or by misapprehending legal principles that found guilty of this part of the facts charged, thereby affecting the conclusion of the judgment.
The Defendants’ act of sexual intercourse with the victim F was committed on July 30, 2009, unlike the facts charged. The Defendants’ act of sexual intercourse with the victim F was committed on July 30, 2009. At the above victim’s request, the said victim moved to the Daecheon Bath beach and led to sexual intercourse with the above victim without any specific resistance from the victim. In addition, the Defendants did not have any prior mother or action for sexual intercourse with the above victim. Thus, each act of sexual intercourse with the above victim does not constitute a special rape under Article 6(1) of the former Act on the Punishment of Sexual Crimes and Protection of Victims Thereof. However, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.
Article 2(3) of the Criminal Procedure Act provides that the victim shall be raped in the case of Defendant A on August 7, 2009. However, the victim shall be raped in the case of Defendant B at that time.