All of the appeals by prosecutors are dismissed.

The summary of the grounds for appeal that the court below sentenced the defendants (as a result, 4 years of suspended execution, 2 years of suspended execution, 3 years of imprisonment, 3 years of suspended execution, 3 years of suspended execution, 3 years of imprisonment, etc.) is unfair.

Judgment

Defendant

A The Defendant was under the influence of alcohol by a victim who was in the past and was in an incompetuous state.

B and C have sexual intercourse with the victim's clothes even in the same room, and B and C had been aware that they had affixed their own sexual intercourse, but they had been able to feel images in the toilet. In light of the background and method of the crime, the criminal liability is very heavy, and the victim seems to have suffered a big mental impulse and pain together with a considerable sense of sexual shame, the circumstances are unfavorable to the defendant.

On the other hand, it is favorable to the defendant that the defendant has become an adult of majority, has no record of crime, that the defendant recognizes all crimes and reflects his mistake, and that the victim does not want the punishment by agreement with the victim.

In full view of the above circumstances and the Defendant’s age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the criteria for recommendation, sentence scope and suspension of execution according to the sentencing guidelines established by the Supreme Court sentencing committee, it is not determined that the sentence imposed by the lower court against the Defendant is unreasonable.

Therefore, this part of the prosecutor's argument is without merit.

Defendant

B and C appears to have the attitude that the injured party, who was in an incomprisoned of the victim’s clothes, was able to help the Defendants. However, the Defendants, disregarding this, made it easy for A to commit a crime by failing to have sexual intercourse with the victim, and made A have sexual intercourse with the victim.