beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. According to the summary of the grounds for appeal (misunderstanding of facts) and each evidence submitted by the prosecutor, including the statement of the victim, the court below found the Defendants guilty of the charges of this case on the ground that the Defendants conspired to commit rape.
2. Determination
A. The summary of the facts charged in the instant case is that the victims E (18 years old, female) as the students in the three-year course of the D High School was one-year senior course of the Defendants.
The Defendants: (a) around 00:10 on March 23, 2014, at G G G G G G G G G G G G G G 510 of the Manan-gu Man-dong Building 510 of the Manan-gu Manyang-si, Annyang-gu, G G G G G G, with the house of the house of the house of the 3rd parallel parallels; (b) 4 victims, who met with H, 510, a one-year line at the above school, 606, drinked to drink 510; and (c) Defendant A and H had an additional 4 f, a week.
Defendant
B and H came to do so more than 02:00 on the same day as H’s house 606, and Defendant B was divinged at that place, and the remaining three persons were drinking at around 510 on the same day, and around 02:50 on the same day, H visited Defendant B, a male-friendly Gu, who was divingd in No. 606, went to 510, and went to the upper floor again. At that time, Defendant A discovered the victim, who was expected to sit in the fright of drinking stairs due to the difficulty of drinking, and she went to 510 by neglecting the victim.
Defendant
A At the same day, around 03:00, around 510, the shoulder of the victim who is expected to sit in the wall to the drinking pole, is laid down on the floor, and the chest of the victim was fasted, the defendant B reported two persons in the lock and carried two descendants in the winter of the victim, and the body of the victim was laid down as the victim's body.
Accordingly, Defendant A is off from the victim’s panty and panty, Defendant B is off from the victim’s panty and the panty, and Defendant B is off from the victim’s panty and the panty, and the victim
In addition, Defendant B was on the part of the victim.