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All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the judgment of the court below against the Defendants is unreasonable as it is too uneasible to the extent that the sentence of the court below against the Defendants (for defendant A: 2 years of suspended sentence in August, confiscation, observation of protection, and fine of 5 million won) is too uneased.
2. Defendant A had the record of criminal punishment several times, and Defendant A committed the instant crime without any reflection even though he/she was sentenced to a suspended sentence of imprisonment for the same kind of crime, and Defendant B also had the record of criminal punishment for the same kind of crime, which is disadvantageous to the Defendants.
However, taking into account the following circumstances: (a) the Defendants reflect in depth by recognizing the Defendants’ mistake; (b) the period of the Defendants’ commission is very short and the degree of Defendant B’s participation is insignificant; and (c) the motive and background leading up to the instant crime; (b) the content of the relevant crime; (c) the circumstances after the commission of the crime; and (d) the Defendant’s age, sexual conduct, and environment; (b) the sentence against the Defendants goes beyond the reasonable scope of discretion and is unreasonable.
3. The appeal against the Defendants by the prosecutor of the conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.