All appeals by the Defendants are dismissed.

1. The summary of the grounds for appeal (unfair sentencing) that the lower court sentenced the Defendants to the punishment (three years of imprisonment, etc. for each of the Defendants) is too unreasonable.

2. Determination

A. Defendant A recognized Defendant A as a substitute for the instant crime and divided his mistake in depth, and the victim did not want punishment against the Defendant by mutual agreement with the victim.

The social ties between the defendant and his family members seems to be clear by having no criminal record for the defendant, and the defendant's social ties seems to be clear.

However, the crime of this case is deemed to have sexual intercourse with the defendant who is a juvenile of 17 years of age jointly with B by force, and the nature of the crime is bad and highly likely to be criticized.

In light of the fact that the Defendant was aware of the victim’s intellectual disability, the Defendant’s criminal liability is very heavy in view of the fact that the Defendant committed the instant crime.

The victim seems to have suffered a sense of sexual humiliation due to the abuse of force between B and the Defendant at the same time by sexual intercourse and sexual intercourse with the Defendant.

In addition, considering the various sentencing conditions and the scope of recommended sentences according to the sentencing guidelines, such as the defendant's age, sex, environment, relationship with the victim, motive, means and consequence of the crime in this case, etc., and the circumstances after the crime, it cannot be deemed that the sentence imposed by the court below is too unreasonable.

B. As to Defendant B, the Defendant recognized the instant crime and committed a mistake in depth, and the victim did not want punishment against the Defendant by mutual agreement with the victim.

It is clear that there is no record of criminal punishment in addition to the punishment of a fine for one-time for the accused, and the social ties of the accused's family members and branch members are clearly related to the accused.