Defendant

All A and prosecutor appeals are dismissed.

1. Defendant A: The sentence of the lower court (the imprisonment of three years, and the order to complete a sexual assault treatment program of 80 hours) is too unreasonable.

The prosecutor: The sentence of the court below (the above in the case of the defendant A, the imprisonment of two years and six months in the case of the defendant B, the suspension of execution of four years and eight hours in the case of the defendant B) is too unfluent and unfair.

2. In full view of the facts and sentencing guidelines revealed in the sentencing review process of the lower court’s judgment, the lower court’s sentencing judgment that deemed the primary sentencing factor, including the nature and background of the instant crime, the suffering of the victim therefrom, whether the victim agree with the victim, the degree of sharing the role among the Defendants, the degree of reflecting the Defendants’ reflectivity, and the record of the crime, exceeded the reasonable bounds of its discretion.

It cannot be assessed, and there is no or a lack of circumstances or materials to deem that it is unfair to maintain the sentencing of the court below in the course of the deliberation of the court, so the defendant A and the prosecutor's argument of sentencing is not accepted.

3. According to the conclusion, all appeals filed by Defendant A and the prosecutor are dismissed (Article 364(4) of the Criminal Procedure Act).