The judgment below

The part concerning Defendant D and E shall be reversed.

Defendant

D. E shall be punished by imprisonment for six months.

Defendant .

1. Summary of grounds for appeal;

A. Each sentence (Defendant A: imprisonment with prison labor for one year, and Defendant B: imprisonment with prison labor for one year) declared by the court below against the above Defendants is too unreasonable.

B. Each sentence (for the defendant C, 8 months of imprisonment, 2 years of probation, 120 hours of community service, 6 months of probation, 2 years of probation, 80 hours of community service, 80 hours of community service) that the court below sentenced the defendants is unfair.

2. Determination

A. Defendant D and E have no record of any other crime except that sentenced to a fine of 70,00,000 won due to the crime of this case around 198, since they were led to the confession of the crime of this case, Defendant D and E agreed with the victim, Defendant D deposited KRW 5,00,00 for the victim, Defendant D was sentenced to a suspended sentence of 1 year and June, 1988, and Defendant D had been sentenced to a suspended sentence of 70,000 won for the crime of this case around 201, and Defendant E did not have any record of any other crime. Defendant E, despite being recognized as the first offender, was aware that the victim was rape and the victim did not appear to have committed the crime of this case under the pretext of agreement. Considering that the crime of this case was committed by setting up and taking part in the role of a close prior plan between the accomplices, and that it was inferior to the nature of the crime, committed assault and intimidation between Defendant D and the victim, and that the victim and the victim did not have agreed to commit the crime of this case.