The judgment below

The part of the case of the defendant is reversed.

2. The defendant A shall be sentenced to two years of imprisonment and the defendant B shall be sentenced to eight months of imprisonment.

1. The court below rendered a judgment dismissing the prosecutor’s claim regarding the part of the case against which the defendant was found guilty and the part of the case for which the order to observe the protection was requested. Since only the defendants appealed, there is no benefit in appeal regarding the part for which the order to observe the protection was requested.

Therefore, notwithstanding Articles 21-8 and 9(8) of the Electronic Device Attachment Act, the request for the protection observation order is excluded from the scope of the trial of this court.

2. Summary of grounds for appeal;

A. Defendant A 1) The Defendant, who is guilty of the facts, committed a sexual intercourse under the agreement with the victim, and did not have sexual intercourse with the victim by taking advantage of the victim’s non-sovereign condition, and there is no fact that B had sexual intercourse with the victim. Thus, the judgment below which found the Defendant guilty of the facts charged in this case

2) The sentence of the lower court that is unfair in sentencing (three and a half years) is too unreasonable.

B. Defendant B (1) misunderstanding of the facts or misunderstanding of the legal principles, although the Defendant 1 was spared with the victim who had sexual intercourse with A, there was no sexual intercourse with the victim, and the judgment of the court below which found the Defendant guilty of the facts charged in this case is erroneous in the misapprehension

2) At the time of the instant crime, the Defendant, who was physically and mentally weak, was in a state of lacking the ability to discern things or make decisions.

3) The sentence of the lower court that was unfair in sentencing (three and a half years) is too unreasonable.

3. Determination

A. In the trial of the court, the prosecutor's ex officio determination(s) on the facts charged in the instant case against the Defendants: ① the name of the crime against the Defendants in the “Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (special quasi-rape)” shall be deemed to be "quasi-rape” against the Defendant A; ② the applicable legal provision in the “Article 4(3) and (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes” and Article 299 of the Criminal Act against the Defendant A.