The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for a maximum of two years and six months, and a short of two years.

Each of the defendants is divided against the defendants.

1. The gist of the grounds for appeal asserts that the defendants are too unreasonable as to the punishment sentenced by the court below (the punishment of imprisonment for a maximum of three years and six months, and the short of three years), and the prosecutor asserts that the punishment is too uneasy and unfair.

2. Considering the fact that the nature of the instant crime committed with sexual intercourse and similar crimes committed against the victim, who is a juvenile in judgment, is very poor, and that the victim appears to have received considerable mental impulses due to the instant crime, and that the suicide of the victim immediately after the instant crime appears to be due to such mental impulses, it is necessary to punish the Defendants with severe punishment corresponding thereto.

However, it seems necessary to fully reflect the fact that the Defendants are the young juveniles, and that they are the primary offenders, in particular, when they are in the first instance, the Defendants recognized all crimes, reflects the fact that they received a letter from the victim's bereaved family members by seeking a letter of apology, etc.

When considering the motive, means, and result of the instant crime, various sentencing conditions indicated in the records, such as the Defendants’ age, sexual conduct, environment, criminal record, and circumstances after the commission of the crime, the lower court’s punishment against the Defendants is deemed unfair because it is too unreasonable, and thus, it is acceptable to accept the Defendants’ unfair claims for sentencing.

3. According to the conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is well-grounded, and the judgment below is reversed and it is again decided as follows.

[Re-written judgment] The criminal facts and the summary of the evidence acknowledged by the court and the summary of the evidence are as follows: (a) except for the alteration of “1. Defendants’ respective legal statements” to “1. Defendants’ respective legal statements” in the summary of the evidence, all of the judgment below are the same as the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act concerning the facts constituting the crime;