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All appeals by the Defendants and the Prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the court below against the defendants (the defendants A: 5 years of imprisonment and the defendant B: 3 years of imprisonment) is too unreasonable.
B. Prosecutor 1) The sentence imposed by the lower court on the Defendants of unreasonable sentencing is too unjustifiable and unreasonable. 2) It is unreasonable for the lower court to exempt the Defendants from the disclosure and notification order of personal information, even though there are no special circumstances to not disclose or notify the personal information of the unjust Defendants of incidental disposition.
In addition, the court below's order the defendants to be placed on employment for three years excessively short-term.
2. Determination
A. As to both parties’ assertion of unfair sentencing, the lower court, on the grounds that the Defendants conspired to commit the special quasi-rape of this case, decided a punishment by taking account of the circumstances favorable to the Defendants, such as the Defendants, under the circumstances that the Defendants had no record of punishment for the same crime, and that Defendant A had no record of punishment for the same crime, and that Defendant A had no record of criminal force on the part of the Defendants. Defendant A had sexual intercourse with the victim two times, as well as had sexual intercourse with the victim at the time of sexual intercourse, and the victim had taken the form of the victim at the time of sexual intercourse, etc., and that the victim was punished against the Defendants by suffering from huge mental shock due to the Defendants’ criminal conduct, under the unfavorable circumstances against the Defendants.
The sentencing of the court below seems to have been determined appropriately by fully taking into account the above various circumstances, and there is no special change in circumstances to be assessed differently from the sentencing conditions of the court below until the trial is held.
Defendant
B There is a dispute at the trial court to the effect that “the crime of special quasi-rape in this case was caused under the initiative of the defendant A at the same time, and the liability for the crime is not large.” However, the circumstances, etc. of these crimes are already considered in the original trial.