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The judgment below
The remainder except the non-guilty part shall be reversed.
A defendant shall be punished by imprisonment for four years.
Reasons
1. Summary of grounds for appeal;
A. The Defendant and the respondent for attachment order (hereinafter “Defendant”) cannot prevent the victims from committing a crime in a narrow and sealed space where the Defendant and the respondent for attachment order (hereinafter “Defendant”) live together with other inmates, and the victims did not immediately notify the correctional officer, etc. of the fact of damage, and the victims’ statements cannot be trusted in light of the details and timing of the victims’ complaints. The lower court convicted the victims. (ii) In so determining, the lower court erred by misunderstanding of facts, which was sentenced by the lower court of unfair sentencing (two years of imprisonment, additional collection KRW 329), is too unreasonable.
B. The prosecutor 1) stated that the victim’s indecent act by compulsion against the victim B from November 2016 to December 4, 2016 was committed by the Defendant at the investigative agency as stated in the facts charged.
Although the statements made by the victim in the investigative agency are reliable, and the victim's statement in the court did not deny the fact of damage, the court below erred by mistake of facts.
B) In light of the fact that the victim, from June 15, 2016 through June 19, 2016 to June 19, 2016, the victim made a statement that he/she was forced to engage in indecent acts by the same method at the same time during each day, from June 15, 2016 to June 19, the victim did not have any motive to dismiss the defendant, and the victim did not feel the need to make a statement differently at each time, the lower court acquitted the victim of the crime after June 15, 2016, which found the victim not guilty of the mistake of facts. C) of each indecent act by the indecent act by the victim under Article 2 through (6) of the List of Crimes (2) of the attached Table of the lower judgment as to the victim D, the victim was committed by the same method as the same time from April 20, 2016 to April 25, 2016.