Text
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for a year and six months.
except that this shall not apply.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the court below against Defendant A (unfair punishment) is too unreasonable.
Defendant
A argued the original mistake of facts as the reason for appeal, but withdrawn it on the third trial date of the trial.
B. A prosecutor 1) Defendant A’s sentence imposed by the court below against Defendant A is too unfford so that the sentence imposed by the court below against Defendant A is too unfford. 2). (1) Defendant B was fford with the victim’s body, and Defendant A knew of the victim’s body, even though the defendants knew of the victim’s body, the defendants did not contact the victim’s body and did the victim’s body, and (2) in light of the type and location of the body of the victim’s body, etc., it is difficult to view that the victim was under the influence of alcohol and could not have properly divided his body, and the defendants could be deemed to have exceeded the victim’s clothes; ③ Defendant B left the victim and the defendant under the influence of alcohol, and could have sufficiently predicted sexual intercourse with the victim’s body. In full view of the above, Defendant B’s intentional act of aiding and abetting the victim’s attempted quasi-rape with the victim’s intent to commit the crime of aiding and abetting the victim.
Nevertheless, the judgment of the court below which acquitted Defendant B is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.
2. Determination
A. As to the assertion of unfair sentencing by Defendant A and the prosecutor’s assertion of unfair sentencing against Defendant A, Defendant A (hereinafter “Defendant” in this paragraph) was the superior of the victim’s company, and the victim, while drinking alcohol together with the new employee, had the victim detained, who was in a state of mental or physical disability or failing to resist. In other words, the victim did not appear at the entrance by taking advantage of the victim’s mental or physical condition or failing to resist.