The prosecutor's appeal is dismissed.

In light of the legal principles on the summary of the grounds for appeal, quasi-rapes are different from the form of quasi-rapes and acts, and may have the pain added to the victim of quasi-rapes as dynamic sexual acts. Thus, quasi-rapes and quasi-rapes should be determined as substantive concurrent crimes.

Nevertheless, the lower court found the Defendant guilty of the crime of quasi-rape, on the ground that the crime of quasi-rape, which was prosecuted for concurrent crimes, was not established separately by absorbing the crime of quasi-rape.

Therefore, the court below erred by misapprehending the legal principles concerning the number of rapes similar to the quasi-rape of rapes.

The punishment of the lower court (two years of imprisonment, three years of suspended execution, and forty hours of lectures for the treatment of sexual assault) is unfair because it is too uneasible.

Judgment

On August 14, 2017, the summary of the part concerning quasi-rape and quasi-rape among the facts charged in the instant case regarding the assertion of misapprehension of the legal doctrine was inserted by the Defendant in the guest room of Helel 301 located in Dong-gu, Ulsan-gu, U.S. on August 14, 2017, at the guest room of Hel 301 located in Dong-gu, Ulsan-gu, U.S., with the victim's humb while drinking, and locked the victim's chest with the victim's humb, and inserted the victim's chest into the part of the victim's humb, and continuously inserted the victim's

As a result, the Defendant raped the victim by taking advantage of the victim’s resistance impossible condition, and raped similarly.

The prosecutor charged the defendant with the act of inserting the defendant into the resistance of the victim of the sexual intercourse among the facts charged in the instant case (hereinafter “the crime of quasi-rape in this case”) with regard to separate crimes distinct from the crime of quasi-rape, and charged the defendant with the substantial concurrent crimes of quasi-rape.

The lower court determined that the crime of rape is established in total of crimes, and similar rape is established in cases where a single and continuous criminal act committed against the same victim with an opportunity to rape and the damaged legal interests are the same.