Defendant

D and prosecutor's appeals are all dismissed.

1. Summary of grounds for appeal;

A. Defendant and the person requesting a probation order, or “Defendant” are only deemed to be Defendant and the person requesting a probation order.

The remaining Defendants are also the same.

D (Unjustifiable Claim) The sentence imposed by the lower court on Defendant D (one year of imprisonment with prison labor, a short term of eight months) is too unreasonable.

B. Although credibility of a prosecutor’s statement (in fact-finding and misapprehension of legal principles), the court below acquitted the Defendants of the violation of the Act on Special Cases Concerning the Punishment of Sexual Crimes (Special Rape) and the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape) against Defendant D on the ground that it is difficult to view that the Defendants committed rape jointly with the victim on the grounds that the credibility of the victim’s statement is doubtful.

Therefore, this part of the judgment of the court below is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

2. Part of the defendant's case

A. The lower court determined that it is difficult to believe the victim’s statement that conforms to the facts charged, and it is difficult to view that the facts charged were proven without reasonable doubt, in light of the fact that the prosecutor’s assertion of mistake of facts and misapprehension of the legal doctrine are doubtful.

Examining the evidence duly adopted and examined by the court below in light of the records, the above determination by the court below is just (the victim's parents become aware of the sex relationship between the victim and the Defendants, and the victim seems to have a high possibility of making a false complaint by proving that he was sexually abused from the Defendants, and there is no error of law such as misunderstanding of facts and misunderstanding of legal principles as argued by the prosecutor.

B. Defendant D’s assertion of unfair sentencing is a record of having received juvenile protective disposition for the same offense.