beta
Text
All appeals by the Defendants are dismissed.
Reasons
Summary of Grounds for Appeal
Defendant
A (1) Inasmuch as she did not insert her sexual organ into the victim’s negative part, she is only the attempted quasi-rape.
(2) As to the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) among the facts charged in the instant case, the prosecutor cannot be deemed to have lawfully specified the facts charged unless the name of the injury is stated, and the specific injury level is stated, and the drug he/she put into the charge does not lead to the melting of the surrounding land.
(3) The sentence imposed by the court below (12 years of imprisonment) is too unreasonable.
Defendant
B (1) There is no prior conspiracy between the Defendant A and the victim to either give drugs or engage in sexual intercourse with the victim, and the drug "self-harmag" as stated in the judgment of the court below was not done so.
(2) The sentence imposed by the court below (12 years of imprisonment) is too unreasonable.
Judgment
On August 5, 2014, at the time of the investigation by the prosecution, Defendant A recognized the fact of sexual intercourse with the victim at the time of the instant crime, and reversed the previous statement that Defendant A attempted to add the sexual organ to the victim’s sexual organ, but failed to do so due to the fact that the investigation was conducted on the 11th day of the same month.
Defendant
A asserts that he made a statement different from the fact, which is the same as the inserted one, to the investigation agency’s appearance. However, in light of the fact that he made a concrete statement in the situation at the time of “the victim started to resist by inserting his sexual organ into the victim’s sound book for about 2 to 3 minutes by inserting his sexual organ at the time of the initial investigation by the prosecution,” “I have to resist with the victim’s resistance by inserting his sexual organ into the victim’s sound book for about 2 to 3 minutes,” “I have not been well aware of the launch, and the victim was unable to have a wind condition,” it is false to have sexual intercourse with the investigative agency for a final purpose.