The number of crimes committed by several persons causing bodily injury;

In a case where the defendant, in cooperation with the non-indicted, was sexually raped by the victim, thereby resulting in the victim's marbrosis, the crime of injury resulting from rape is established.

Articles 301, 297, and 37 of the Criminal Act

Defendant

Defendant

Jeonju District Court of the first instance (71Gohap71 decided 71) full Eup

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a short term of two years and six months and three years.

The ninety-five days of detention days prior to the pronouncement of the judgment below shall be included in the original sentence.

The gist of the defendant's appeal Nos. 1 is that the court below's conviction was affected by mistake of facts that the defendant, despite the fact that non-indicted 1 and non-indicted 2 had observed sexual intercourse with the victim and had never been raped at all. Even though the grounds for appeal No. 2 of the defendant's grounds for appeal and defense counsel are not so, the defendant is the first offender of this case, is a juvenile, is a student, a contingent crime, a settlement between the victim and the victim, and the victim and the defendant was not punished. In light of various circumstances, the form of the court below's punishment is too excessive and unfair because the defendant was not punished.

Therefore, in light of the records on the first ground of appeal by the defendant, it is sufficient to recognize the criminal facts against the defendant in the original form, and there is no error of mistake of facts such as the theory of lawsuit in the judgment of the court below.

However, ex officio examination is conducted on the following grounds: (a) despite the fact that the Defendant, in collaboration with Nonindicted Party 1 and 2, committed rape with the victim Nonindicted Party 3, thereby resulting in sexual intercourse with the female, the lower court committed a single crime of causing bodily injury to rape; (b) however, the lower court’s act of causing concurrent crimes is in violation of the law that affected the conclusion of the judgment, and thus, (c) the Defendant did not decide on the second ground for appeal by his defense counsel and the Defendant, and (d) did not reverse the lower judgment and rendered a new judgment pursuant to Article 364(2) and

Criminal facts and evidence acknowledged by a member are the same as those indicated in the judgment of the court below, and they are quoted as they are.

The so-called "unexploited Defendant" under the law falls under Articles 301, 297, and 30 of the Criminal Act, and considering the circumstances after the choice of a limited term of punishment. Thus, within the scope of a prison term where a discretionary mitigation has been made under Articles 53 and 55 (1) 3 of the same Act, the Defendant is a juvenile under Article 2 of the Juvenile Act, and is punished by imprisonment for a short term of two years and six months, and three years pursuant to Article 54 (1) of the same Act, and is punished by imprisonment for a short term of two years and six years, and a long term of three years pursuant to Article 57 of the Criminal Act.

It is so decided as per Disposition.

Judges Choi Yong-so (Presiding Judge)