Of the judgment of the court of first instance, the part against Defendant A in the judgment is reversed.

Defendant

A shall be punished by imprisonment for a year and ten months.

. Prosecutors;

1. Summary of grounds for appeal;

A. The sentence sentenced to Defendant A A’s first instance judgment (two years of imprisonment) is too unreasonable.

B. Each sentence sentenced to Defendant AP, A Q, and EK by the Prosecutor’s second instance (Defendant AP: fine of KRW 5 million; fine of KRW 5 million; Defendant Q: KRW 5 million; Defendant EK: imprisonment with prison labor of KRW 6 months; 2 years of suspended execution; and community service order of KRW 80 hours) is too unreasonable.

2. Determination

A. As to Defendant A’s argument of unfair sentencing, it is too unreasonable that Defendant A’s punishment is maintained in light of the following factors: (a) Defendant expressed his attitude of pening and opposing his mistake; (b) Defendant agreed with W and W when the victim was in the trial; and (c) the same victim does not want to be punished; and (d) Defendant’s age, sex, environment, motive, means and consequence of the crime; and (e) Defendant’s overall consideration of various sentencing conditions specified in the instant argument, such as circumstances after the crime, etc., it is too unreasonable to maintain the sentence of the first instance court.

Therefore, the defendant's argument of sentencing is justified.

B. In light of the following, there is no change in circumstances that may be considered in sentencing since the judgment of the second court regarding the prosecutor’s wrongful assertion of sentencing, and the various conditions of sentencing as shown in the records and arguments of this case, even considering the circumstances asserted by the prosecutor on the grounds of appeal, the lower court’s punishment on Defendant AP, A Q and EK is too uneasible and thus, cannot be deemed unfair.

3. The conclusion is that Defendant A’s appeal is reasonable, and the part of the judgment of the court of first instance against Defendant A among the judgment below in accordance with Article 364(6) of the Criminal Procedure Act is reversed, and it is again decided as follows. The prosecutor’s appeal against Defendant AP, Q, and E is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

[Judgment (Defendant A)] Summary of facts constituting an offense and evidence recognized by this Court, the summary of the facts constituting an offense and evidence, and the summary of the evidence, 1.