The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for three years.

However, for a period of five years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal is that the punishment imposed by the lower court on the Defendants (four years of imprisonment for each of the four years and 80 hours of completion of sexual assault treatment programs) is too unreasonable.

2. The instant crime committed by the Defendants, taking advantage of the fact that the victim, who was under the influence of alcohol, was in a state that the Defendants could not resist and breath, she wn the victim to do so. The crime’s nature and method of committing the crime is very poor. As a result, the Defendants’ crime committed by the Defendants, which led to the Defendant’s occurrence of sexual humiliation and humiliation, are disadvantageous to the Defendants.

However, the defendants are both aware of the crimes of this case, and they are against the defendant A and the defendant A submitted a written agreement to the effect that the injured party would take the front place without punishment against the defendants in the first instance trial. The defendants are the first offender who has no record of criminal punishment.

In full view of the above circumstances and the Defendants’ age, sexual conduct, environment, motive, means and consequence of the crime, all of the sentencing conditions shown in the arguments, such as the circumstances after the crime, and the scope of recommended sentencing guidelines for the enactment of the Supreme Court sentencing committee, it is recognized that the sentence imposed by the lower court is too unreasonable.

Therefore, each of the defendants' arguments about sentencing are justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the judgment below is reversed and it is again decided as follows.

【Grounds for another judgment】 The facts constituting an offense and summary of evidence recognized by the court and summary of the facts constituting an offense and summary of evidence are as stated in the corresponding column among the reasoning of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;