The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for four months.

Defendant of the Prosecutor.

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below to Defendant A (six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor on Defendant B (six months of imprisonment) is too unhued and unreasonable.

2. Judgment on the grounds for appeal

A. In full view of the following circumstances: (a) Defendant A’s judgment as to the grounds for appeal by Defendant A was made in the first instance, when committing the instant crime; (b) deposited KRW 10 million on January 22, 2018 for the victim; and (c) other factors of sentencing as indicated in the records and pleadings, such as the Defendant’s age, sexual conduct, environment, motive and circumstance of committing the instant crime, means and consequence of the instant crime; and (d) other factors of sentencing, such as the circumstances after committing the instant crime, etc., the sentence imposed by the lower court is too unreasonable, and thus, the above Defendant’s assertion is with merit.

B. Although there were unfavorable circumstances to Defendant B, such as the fact that the damage caused by the instant crime was not recovered due to the prosecutor’s appeal, in light of the motive and background leading up to the instant crime, the means and method of committing the instant crime, the circumstances before and after the instant crime, the Defendant’s age, sexual conduct, environment, occupation, family relationship, etc., and the sentencing conditions as shown in the records and pleadings, it cannot be said that the sentence imposed by the lower court is too uneasible and unfair.

3. In conclusion, the prosecutor's appeal against the defendant B is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. Since the defendant A's appeal is with merit, the part of the judgment below against the defendant under Article 364 (6) of the Criminal Procedure Act is reversed, and it is again decided as follows.

[Reasons for the new judgment against Defendant A] Criminal facts and summary of evidence recognized by this court and summary of evidence fall under the column of the judgment of the court below.