The judgment below

The part of the case against the defendant A and the part against the defendant B, respectively, shall be reversed.

Defendant

A. Imprisonment.

1. The summary of the grounds for appeal by the Defendants is too unreasonable that the sentence imposed by the lower court on the Defendants (the Defendant A: imprisonment of four years, orders to complete 80 hours, and disclosure and notification of information for seven years, Defendant B: imprisonment of one year, 80 hours order, and information disclosure and notification for three years) is too unreasonable.

2. Although the nature of the crime of this case committed by the Defendants is not good, the Defendants recognized the crime of this case at the trial of the party, there is no record of the same crime against Defendant A, Defendant B was the first offender, Defendant B was the first offender in the trial of the trial of the case, and the victim was willing to take full account of all other circumstances, including the Defendants’ age, character and conduct, character and environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the sentence imposed by the court below to the Defendants is too unreasonable. Thus, the Defendants’ above assertion is justified.

3. Thus, the defendants' appeal is reasonable, and the part of the judgment of the court below against the defendant A and the part of the defendant B are reversed under Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and evidence against the Defendants recognized by this court is identical to the entries in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 7(1) B of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply): Article 7(3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse; Article 298 of the Criminal Act

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act ( Taking into account the favorable circumstances in the preceding);

1. Defendant B of suspended execution: Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Do1488