The number and number of victims in the crime of rape and bodily injury;

In the case of rape in collusion with several persons at a close place, it is not a single crime, but a substantive concurrent crime.

Articles 301, 297, and 37 of the Criminal Act

Defendant 1 and five others

Prosecutor and Defendants

Daegu District Court of the first instance (73Gohap144)

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for a short term of two years and six months, and three years and more respectively.

Of the detention days prior to the pronouncement of the judgment of the court below, 100 days for the defendant 1, 2, 3, 4, and 5, and 90 days for the defendant 6 shall be included in the original sentence, respectively.

A knife knife knife knife (No. 3) shall be confiscated from Defendant 2.

The grounds for appeal by Defendant 1, 3, 5, and 6 are erroneous facts and unfair sentencing, and the grounds for appeal by the prosecutor and Defendant 4 are on the grounds of unfair sentencing (However, Defendant 2 does not submit the grounds for appeal within the statutory period after filing an appeal). However, in full view of all the evidence duly examined and adopted by the court below and each statement in the trial court of the Defendants, no error is found in the fact-finding by the court below.

However, this case where the defendants conspired with each other to commit rapes between the victim non-indicted 1 (the victim non-indicted 17 years old) and non-indicted 2 (the victim's age of 17) is different from the victim's legal interest and the intent to rapes each victim is separately established, so it cannot be deemed a single criminal intent. Although the defendant's act of temporary contact with another in a similar manner at a close place is an act, it cannot be deemed a simple one crime or a single comprehensive one crime. Therefore, even though the defendant should be subject to concurrent crimes, the court below's decision which decided as a simple one crime cannot affect the conclusion of the judgment, and thus, the court below reversed the judgment of the court below and decided again pursuant to Article 364 (2) of the Criminal Procedure Act, and the summary of criminal facts and evidence is the same as the summary of each statement made by the defendant in the judgment of the court below in accordance with Article 369 of the Criminal Procedure Act.

In light of the above legal principles, the defendants' rulings fall under Articles 301, 297, and 30 of the Criminal Act. At least the prescribed maximum imprisonment is concurrent crimes under the former part of Article 37 of the Criminal Act. As such, Articles 38 (1) and 50 (2) of the Criminal Act provide more severe punishment for the crimes of rape against the victim non-indicted 2. The defendants are subject to concurrent crimes under Articles 38 (1) and 50 (2) of the Criminal Act. In other words, the defendants are first offenders who are under their age and do not wish to punish them within the original term of punishment, and they are sentenced to imprisonment within the scope of punishment for each limited term of punishment. Article 53 and 55 (1) 3 of the Criminal Act provides more severe punishment for the crimes of rape against the victim non-indicted 2. Article 58 (1) and 50 (1) of the Criminal Act provides more severe punishment for each of the above crimes. Article 54 (1) 1 of the Criminal Act provides that the defendants are subject to confiscation of Article 2 of the Juvenile Act.

Judges Kang Shin (Presiding Judge)