All appeals by the Defendants and the Prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant A1 did not have sexual intercourse with the victim. Nevertheless, the lower court’s judgment convicting Defendant A of the facts charged on the grounds of the victim’s statement without credibility is erroneous by misapprehending the facts and affecting the conclusion of the judgment. 2) The sentence of unfair sentencing (three years of imprisonment, etc.) by the lower court is too unreasonable.

B. The sentence of Defendant B (two months of imprisonment, two years of suspended execution, etc.) by the lower court is too unreasonable.

C. The sentence imposed by the prosecutor by the court below against the Defendants is too unfasible and unfair.

2. Determination

A. The lower court determined that Defendant A (hereinafter “Defendant A”)’s assertion of misunderstanding of facts was 1) and that the lower court convicted the Defendant of the charge (rape-rape) on the grounds as set forth below. A) The victim’s statement that corresponds to this part of the charges is credibility.

The reasons are as follows.

① On the day of the instant case, the victim reported the fact of damage to the police immediately at night, and consistently made statements that correspond to the facts charged in this part from the police stage to the court below.

The victim has consistently stated the situation where the victim lost his mind of drinking and reported the fact of damage to the police station from the time when the victim lost his mind at the time of this case along with I to the late night of the day of this case, the defendant and B's specific behavior and speech in a series of circumstances, the attitude and behavior of the victim occurred at the time, and the thought that the victim was the victim at the time, etc., and the contents are very detailed and the flow of the situation is natural, but there is no part contradictory to the statement itself.

② immediately after the instant case, the victim requested K to provide assistance by sending a cell phone from B to the k, who is a folder, and at the time when K arrived at the her motherel, the victim got out of the parking lot.