Defendant

A Imprisonment with prison labor for three years and for two years, respectively.

, however, the defendant.

As to the punishment sentenced by the court below (the defendant A: 5 years of imprisonment, the defendant B: 3 years of imprisonment), the defendants argued that it is too unreasonable, and the prosecutor asserts that it is too uneasible and unfair.

Judgment

Defendant

Defendant A, with respect to Defendant A, told Defendant B of the fact that the victim, who was drinking together, she was raped by the victim who she was frightened, and tried to rape with Defendant B again, and the victim was forced to commit an attempted rape. However, it cannot be viewed as a contingent crime in that: (a) the victim was frightened after the victim got married to her house; and (b) the victim went back to her house again after she got married to her house; and (c) the victim was suffering from serious mental pain and thereby, the nature and the criminal intent of the crime are very poor. Therefore, he/she cannot be punished as a sentence.

However, in light of the fact that Defendant A did not have the same criminal history and denied the crime at the court below, but the court below took the attitude of recognizing and opposing all his mistake in the trial. In particular, considering the fact that the victim agreed to compensate for 30 million won, the sentence imposed by the court below is eventually unfair, and thus, the Defendant A’s assertion of unfair sentencing pointing this out is with merit, and the prosecutor’s assertion is without merit.

Defendant

Defendant B had attempted to rape the victim while hearing the fact that the victim was sworn with Defendant A. However, if the crime was planned, thereby causing serious mental pain to the victim, the nature of the crime and the circumstances of the crime are very poor, the same as that of Defendant A.

However, Defendant B did not have any record of criminal punishment, and the court below denied the defense that was hard to understand, and did not have any attitude to recognize and reflect his mistake in the trial but did not go against it. In particular, Defendant B agreed to compensate the victim for KRW 20,000.