All appeals filed by the prosecutor against the Defendants are dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles (not guilty part of the judgment of the court below on Defendant B) need not be fully inserted by inserting the gender organs of a male to a part of the gender of a female, thereby constituting a vegetable and completely inserted.

Since the first police investigation, the victim stated that “the defendant B attempted to inserting the sex and there was a fact that the victim complained of the suffering therefrom”, and the defendant B also acknowledged the fact of sexual intercourse in the court of original instance, and it is clear that the defendant B’s sexual organ was inserted even in some cases in the police’s statement made by the defendant B.

Nevertheless, it is insufficient to recognize that Defendant B committed rapes, and thus only guilty of attempted rapes (Rape) under the Act on the Protection of Children and Juveniles against Sexual Abuse, and the judgment of the court below acquitted Defendant B on the grounds of the number of offenses committed in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse.

B. The sentence imposed by the court below on the Defendants (the defendant A: the two-year suspended sentence; the three-year suspended sentence on the defendant B; the three-year suspended sentence on the one-year and six-year suspended sentence) is too unjustifiable and unfair.

2. Determination

A. As to the assertion of mistake of facts and misapprehension of legal principles, Defendant B, around August 20, 2017, entered the E’s house located in the Namyang-si C apartment D, Namyang-si, with Defendant A’s mind and awareness of committing rape, and the victim.

Defendant

B Recognizing that the victim was seated at the inner toilets, B finds the victim's body, and caused the victim's body to be placed on the bed, and so that the victim's body can be laid down next to it, and the victim's body return back to the wall is turned off immediately, and the victim's body is off at the victim's body, and the victim is pushed off the victim's clothes under the victim's body and pushed down the defendant's arms.