The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for not less than two years and six months.

except that this shall not apply.

The summary of the grounds for appeal that the court below sentenced the defendants to the punishment (two years and six months of imprisonment, and three years of suspended execution) is unfair because it is too unfasible.

Judgment

Defendant

According to the ex officio judgment records on B, Defendant B was a P student, and was a juvenile under the Juvenile Act at the time of the pronouncement of the judgment of the court below, but became an adult.

Therefore, the judgment of the court below that reduced juvenile offenders against Defendant B pursuant to Article 60(2) of the Juvenile Act was no longer maintained.

Defendant

The instant crime of this case regarding the prosecutor’s assertion against A and C is an unfavorable condition against Defendant A and C, with the following: (a) the victim under the influence of alcohol is quasi-rape; (b) the Defendants conspired to commit quasi-rape; (c) the Defendants B and C jointly commit a crime; (d) the responsibility for the crime is very heavy in light of the method and content of the crime; and (e) the victim appears to have suffered considerable sexual humiliation and mental shock due to the instant crime.

On the other hand, Defendant A and C's age has yet to be aged, and there is no previous conviction, and the above Defendants seem to have committed the instant crime by contingency under the influence of alcohol, and the Defendants are against the recognition of the instant crime, and the injured parties do not want the punishment of the said Defendants by agreement with the victim, and the social relation between the said Defendants is relatively clear, and the guardians of the said Defendants are leading to them.

The above circumstances and other circumstances, including Defendant A and C’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the Defendants were juveniles at the time of the prosecution, and thus, the sentencing guidelines do not apply.

In full view of the above, the sentence imposed by the court below is too unhued and unfair.