The judgment below

Among the Defendants, the part not guilty against the Defendants of the case and the case requesting attachment order against Defendant A.

1. Summary of grounds for appeal;

A. Defendant B’s sentence (two years of suspended execution in April of imprisonment, and forty hours of community service order and lecture attendance order, etc.) imposed by the lower court on the Defendant is too unreasonable.

B. According to the prosecutor’s statement, etc. (the part not guilty in the judgment of the court below), although the defendants could sufficiently recognize the fact that they had sexual intercourse with the victim under the influence of alcohol, they were acquitted of this part of the facts charged.

In this part of the judgment below, there is an error of misunderstanding of facts and legal principles.

2. Ex officio determination (the acquittal part of the Defendant’s case and the case for attachment order) is examined first.

With respect to the part concerning the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Defendants (special quasi-rape) among the accused cases, the prosecutor tried to change the applicable legal provision into “Article 4(3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes” and “Article 299 of the Criminal Act” in “Article 7(5) and (1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Crimes,” and Article 30 of the Criminal Act of the Criminal Act of “the fact that the grounds for requesting attachment order against the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) have been changed to a different exchange as stated in the revised criminal charge.”

Since this Court changed the subject of adjudication by permitting it, this part of the judgment of the court below cannot be maintained any more.

However, as seen below, since the changed facts charged are not proven to be guilty, the part of conviction in the judgment of the court below is not reversed. The defendant B's ground of appeal as to the guilty portion in the judgment of the court below still exists.