The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for six years.

Defendant

B.

Summary of Grounds for Appeal

Defendant A, in an intentional manner, has taken a hand on the body of the victim E in mind, and does not commit an indecent act against the victim by taking advantage of the victim’s failure to resist.

Defendant

B There is no assault or threat on the victim E in relation to the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape) and the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse to the extent that it makes it impossible or considerably difficult to resist the victim, and thus, it is not an indecent act by rape or coercion.

Therefore, the judgment of the court below is erroneous.

The punishment sentenced by the lower court of unfair sentencing (two years of imprisonment for Defendant A, and seven years of imprisonment for Defendant B) is too unreasonable.

Judgment

Defendant

B With regard to the facts charged in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act by Compulsion), the prosecutor held that “the victim goes out of panty to commit an indecent act on the part of the defendant B” as follows: “The victim was raped and led the victim’s hand in an outer appearance, and led the victim’s head to the victim’s sexual organ under the influence of the defendant’s sexual organ, and led the victim’s head to the victim’s sexual organ,” and “the victim was able to commit an indecent act on the part of the defendant, and written off the panty impression,” and “the victim was forced to commit an act on the part of the victim, who was rape, and led the victim to the victim’s finger on several occasions under the influence of the defendant’s sexual organ, and changed the victim’s sexual organ into the victim’s sexual organ by leading the victim to the change of the victim’s sexual organ.”

In addition, the above crime against Defendant B and the remaining crimes in the judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Code, and one punishment is imposed.