All appeals by the Defendants are dismissed.

Summary of Grounds for Appeal

The punishment sentenced by the court below against the defendants (the defendant A, C: each imprisonment of a maximum of two years and six months, a short of two years, defendant B: imprisonment of a maximum of two years and a short of one year and six months) is too unreasonable.

Judgment

The crime of this case is committed jointly by the defendants that the juvenile victim was sexual intercourse with the victim by taking advantage of the state of impossibility to resist under the influence of alcohol, and the victim who was aged due to the crime of this case appears to have suffered considerable mental and physical pain, and the suffering seems not to have been easily cured within a short time, and the victim expressed his intent not to be punished against the defendants by considering the relation with the defendants and the future of the defendants, but the actual damage recovery measures are disadvantageous to the defendants.

On the other hand, the defendants recognized all the crimes of this case and expressed their intent to the effect that they do not want punishment against the defendants as above, such as that they did not engage in a direct sexual intercourse, that they did not have any record of criminal punishment, that they are still young juveniles and have no record of criminal punishment, and that they expressed their intent to the effect that they do not want to be punished against the defendants.

In full view of the above circumstances and all other circumstances, including the Defendants’ age, character and conduct, environment, background of the crime, and circumstances after the crime, it cannot be deemed that the lower court’s sentence against the Defendants is too unreasonable.

Therefore, the defendants' appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to do so, and it is so decided as per Disposition.