The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for six months.

, however, for two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (unfair sentencing) asserts that the Defendants’ respective types of punishment (six months of imprisonment, forty hours of orders to complete sexual assault treatment programs, confiscation, and three years of employment restriction orders on children and juveniles-related institutions) imposed by the lower court on the Defendants are too unreasonable, and that the Defendants’ respective types of punishment (three years of imprisonment and 6 months of imprisonment, 40 hours of orders to complete sexual assault treatment programs

2. We examine both the Defendants and the prosecutor’s assertion of unfair sentencing.

The crime of this case was committed by posting the video images in real time at a group F room with relatives, as the Defendants had taken the place of sexual intercourse with the victim, and thus, the character of the victim is seriously disregarded and the quality of the crime is very poor.

Meanwhile, in light of the fact that the Defendants made payment of KRW 10 million to the victims in depth and in a trial, and there is a change of circumstances that the Defendants agreed with the victims smoothly, Defendant B did not have any previous error, and Defendant B did not have the face of the victims in the video of this case, and it is difficult for the third party to identify the identity of the victims, the sentence of the lower court is somewhat unreasonable.

The Defendants’ assertion of unfair sentencing is reasonable, and the prosecutor’s assertion of unfair sentencing is without merit.

3. The lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the Defendants’ respective appeals are reversed, and the lower judgment is again decided as follows, after pleading.

Although there is no reason to file an appeal by the prosecutor, the decision of the court below shall not be dismissed separately from the disposition, unless the appeal by the defendants is accepted.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, and thus, it shall be quoted in accordance with Article 369 of the

Application of Statutes

1. Article 14 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 2018).