All appeals by the Defendants are dismissed.

1. In the case of Defendant A, within the scope of this court’s trial, the court below rendered a judgment of conviction on the part of the defendant’s case, and dismissed the prosecutor’s request regarding the part of the attachment order case, and only the above defendant appealeds the appeal. Thus, there is no benefit in appeal regarding the

I would like to say.

Therefore, Article 9(8) of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders, which is a provision on the legal fiction of appeal, shall not apply (see Supreme Court Decisions 82Do2476, Dec. 14, 1982; 201Do6705, Aug. 25, 201; 201Do2010, Aug. 25, 201); therefore, the part regarding the attachment order case against the above Defendant shall not be subject to a second trial. Accordingly, the part regarding the attachment order case against the above Defendant shall be excluded from the scope of the trial of this court.

2. Summary of grounds for appeal;

A. Defendant A1) committed only rape at the level of sex education according to Defendant B’s instruction in part of Article 2-A of the judgment of misunderstanding of facts, and thus, there was no intention to rape, and even though the court below did not actually attempted rape, there was an error of mistake that found Defendant A guilty of this part of the facts charged.

B) Although the part of the crime No. 2 of the judgment of the court below in the crime No. 2 was merely a sexual intercourse with the victim under an agreement by requesting the defendant to have sexual intercourses first, and did not actually reach the insertion, the court below erred by misunderstanding of facts that recognized the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (compacting a deceptive scheme, etc.). 2) The sentence (two years and six months of imprisonment) imposed on the defendant is too unreasonable.

B. Defendant B1) misunderstanding of facts (as for the part of the crime No. 1 at the market, Defendant A instructed Defendant A to commit a sexual assault with the intent of frightening the victim at the level of sexual education against the victim, and frightening Defendant A with the intent to commit rape.