The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

For five years, the disclosure of the information on the accused.

1. Progress of the instant case and a summary of the grounds for appeal

A. The lower court convicted the Defendant of the charges of this case, stating that “Around 05:30 on February 2, 2005, at the main point of the operation of the victim E located in Bupyeong-gu, Seocheon-gu, Seocheon-gu, Seoul, the victim E and the employee of the victim, and the Defendant E and C sexual intercourse with the victim F once, and raped the said victims.”

B. However, according to the case response and the gene analysis appraisal report regarding the same person as the result of the DNA identification, which is the evidence duly adopted and investigated by the court below, it is recognized that the DNA and C DNA collected from the water eth, which found the sperm of the offender who sexual intercourse with the victim E as a result of DNA identification, coincide with the DNA collected from the water eth.

As to this, the Defendant appealed on the ground that: (a) despite the fact that the offender who has sexual intercourse with the victim E was not the Defendant but C, the lower court found the Defendant to have sexual intercourse with the victim E; (b) there was an error of misunderstanding of facts; and (c) the lower court’s punishment (three and five years of imprisonment and five years of information disclosure order) is excessive.

C. In the first instance, the prosecutor filed an application for changes in the indictment with the effect that “A joint with the defendant to take the property of the above victims, and C took the property of the victim, and C, E, and the defendant had sexual intercourse with F once, and raped the above victims,” as seen in paragraph 2 below.

2. Before determining the grounds for appeal by the Defendant’s ex officio, the prosecutor examined the following facts in the facts charged in the instant case at the trial of the court below, and the prosecutor took them by taking out one debit card of a new bank owned by the said victim from the wall of the victim F, taking them out from the wall of the victim F, taking them out from the wall of the victim F, putting the victim E into a scam and scaming the victims’ descendants, making the victim E scam up the victim E scam down to the scam, and forced the victim E off the clothes of the said victim, inserting the victim’s sexual organ into the part of the female, and inserting the victim E.