The judgment of the court below is reversed.

Defendant

The punishment for A shall be three years, and the imprisonment for Defendant B shall be two years.

1. The victims do not want to be punished against the Defendants by mutual agreement with the Defendants when determining whether the two parties’ allegations were unfair in sentencing, and the Defendants’ confessions all of the instant crimes and are divided, etc. are elements of sentencing to be newly considered for the Defendants.

In addition, there is no criminal history against the other Defendants, and the crime against the victim I is relatively weak to the extent of the use of force, and Defendant B actively expressed Defendant A’s assault.

In light of these circumstances, in full view of the various conditions of sentencing as indicated in the instant case’s records and arguments, including the Defendants’ environment, sex, motive and means of crime, and circumstances after crime, the lower court’s sentencing is too unfair compared to the Defendants’ liability even if considering the fact that the Defendants are disadvantageous to the Defendants among the various sentencing factors stated by the lower court and the circumstances alleged by the Prosecutor on the grounds of appeal.

The reasoning of the appeal by the Defendants is with merit, and the Prosecutor’s ground of appeal that the sentencing of the original judgment is too unjustifiable to the same purport is rejected.

2. The Defendants’ ground of appeal is with merit.

The judgment of the court below is reversed, and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence acknowledged by this court is identical to the corresponding column of the judgment below, except for the alteration of the Defendants’ respective legal statements to “the Defendants’ statements in this court” among the 5 pages of the judgment of the court below as “the summary of evidence.”

In accordance with Article 369 of the Criminal Procedure Act, they are quoted as it is.

Application of Statutes

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 7(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the point of juvenile rape);