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All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. In light of the fact that the Defendants committed the instant crime during the period of suspended execution due to the same kind of crime, and the record of criminal punishment due to violent crimes, etc., it is unreasonable for the lower court to impose a fine of KRW 10,000,000 on Defendant A, and a fine of KRW 3,00,000 on Defendant B, to impose a fine of KRW 10,00,000 on Defendant B.
2. In full view of the circumstances alleged in the grounds of appeal, such as the Defendants’ erroneous recognition, the victim G expressed the intent that the Defendants would not want the punishment of the Defendants, and the victim I expressed the intent that the Defendants would not want the punishment of the Defendants. In full view of the following: (a) the Defendants’ age, sexual conduct, environment, motive and circumstances of the crime, degree of damage, degree of damage and circumstances after the crime, etc., the court below’s punishment against the Defendants is too uneasible and unfair, even if considering the circumstances alleged in the grounds of appeal, so the above assertion is without merit.
3. The appeal against the Defendants by the prosecutor of the conclusion is without merit, and all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.