Defendants shall be punished by imprisonment for eight months.

However, for two years from the date this judgment becomes final and conclusive.

2. It is recognized that, due to the Defendant’s instant crime, E’s family failure, the complainant and his/her children sustained emotional distress and pain.

However, considering the following: (a) the Defendants made confessions of the instant crime and are against the Defendants; (b) Defendant A is the first offender; (c) Defendant B has no record of criminal punishment exceeding the fine; (d) even if there is a high possibility of social criticism against the instant crime, it is necessary to determine the punishment in consideration of the balance with the punishment that is ordinarily committed against the instant crime; (b) Defendant B’s wife is the preference against Defendant B; and (c) the social discussion on the unconstitutionality of the instant crime is ongoing; and (d) the various sentencing conditions indicated in the records and arguments, such as the character and conduct of the Defendant, motive and circumstance of the crime; and (e) circumstances after the crime, etc., the punishment imposed by the lower court is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered after pleading, since the defendants' appeal is all justified.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article applicable to criminal facts;

(a) Defendant A: the first sentence of Article 241(1) of the Criminal Act

B. Defendant B: the latter part of Article 241(1) of the Criminal Code, and the preamble

1. former part of Article 37, Article 38 (1) 2, and Article 50 of each Criminal Act among concurrent crimes (aggravating concurrent crimes with the punishment stipulated for concurrent crimes as of September 2, 201, the largest number of concurrent crimes);

1. Article 62(1) and (2) of the Criminal Act of the suspended execution