Text
The judgment below
The part of conviction (including the part not guilty in the grounds) among the defendant's case shall be reversed.
Defendant
B and A shall be sentenced to nine years of imprisonment.
Reasons
1. Progress of the lower court
A. A public prosecutor and the respondent for the attachment order (hereinafter “defendants”) filed a public prosecution on the charge that the Defendant and the respondent for the attachment order (hereinafter “the Defendant”) committed rape in collaboration with the J and that the victim I et al., and ② Defendant A acquired 50,770,000 won from the Victim Hyundai Capital Co., Ltd., and the lower court found Defendant A guilty of the charge of fraud among the charges charged against Defendant A, and determined as follows; Defendant B and A were subject to the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (special rape) and ordered Defendant C to attach an electronic device for 15 years, respectively.
On May 12, 2012, the date and time of the crime, the criminal facts established by the court below as follows: (a) on May 12, 2012, the victim I and theJ reached the criminal facts acknowledged by the court below; (b) rape between the victim B and the victim by having sexual intercourse with the victim; (c) on June 8, 2012, the victim N and A convicted the victim of all rape; (d) the victim N and A did not have sexual intercourse with the victim because the victim did not have sexual intercourse with the victim; (b) the defendant C and theJ provided the victim with a place where the victim would have sexual intercourse with the victim; and (c) the defendant C and the court provided the victim with assistance and assistance to the crime by aiding and abetting the victim to the crime of rape on June 8, 2012; and (d) the defendant C and the defendant C provided the victim with a travel of the victim to the place where the victim would have sexual intercourse; and (d) the defendant C and the defendant C were found guilty of the crime of rape.
B. As to the above judgment of the court below, Defendant B.