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The judgment below
The part, excluding the dismissal of public prosecution, shall be reversed.
Defendant
A. B. Imprisonment for eight months, and Defendant B.
Reasons
1. Of the facts charged against Defendant A, the lower court rendered a judgment dismissing the prosecution pursuant to Article 327 subparag. 6 of the Criminal Procedure Act on the ground that the victims had withdrawn their wish to punish Defendant A after instituting the instant prosecution, and sentenced Defendant A guilty of the remainder of the facts charged except this. Since only Defendant A filed an appeal on the ground of unfair sentencing, the part dismissing the prosecution was separated and finalized as it is.
Therefore, the scope of the judgment of the court below is limited to the conviction part of the defendants except the above dismissed dismissal part.
2. The summary of the grounds for appeal asserts that the punishment imposed by the court below (10 months of imprisonment for the defendant A, 2 years of suspended execution for the defendant B: 8 months of suspended execution, 120 hours of community service) is too unreasonable.
3. It is acknowledged that the Defendants committed the instant crime even though they had been subject to punishment several times of past violent crimes, and the Defendants committed the instant crime in spite of the fact that they committed the instant crime even though they had been subject to punishment several times of sexual crimes.
However, the Defendants recognized their mistake and opposed to the judgment of the court below, and agreed with the victim H in the trial, and reached an agreement with the victim D in the trial, and the victims do not want the punishment of the Defendants, and Defendant B did not have any past penal force, etc., considering the circumstances favorable to the Defendants, and Defendant A was detained for about 80 days. Defendant A was detained for other 80 days, and the arguments and the sentencing indicated in the records of the instant case, such as equity with the punishment for other crimes similar to the instant crime, the Defendants’ age, character and behavior, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime.