성폭력범죄의처벌등에관한특례법위반(특수강간)
Defendants shall be punished by imprisonment for three years.
However, as to the Defendants, each of the above five years from the date of the conclusion of the judgment.
Punishment of the crime
The defendants live together in 1,00 p.m. F 304.
At around 22:00 on March 26, 2015, the Defendants am drinking together with Defendant B’s friendly-gu I’s friend Y, and her friend friend friend friend friend friend friend friend friend friend friend friend friend friend friend friend friend friend friend friend frith
Defendant
At around 02:00 on March 27, 2015, A, under the influence of alcohol at the studio of the victim, was unable to resist the victim by enjoying the side of the victim who is under the influence of alcohol on the floor of the living room. After he tearing the broth, he exceeded the brost, cut off the victim's chest, cut the victim's chest, and was bread by the brothing. Defendant B, in combination with this, did sexual intercourse with the victim, and then the victim attempted to engage in sexual intercourse, but the victim did not go through a wind with the wheels of the victim who was under the influence of the defendant A.
Accordingly, the Defendants jointly raped the victim.
Summary of Evidence
1. Defendants’ respective legal statements
1. Application of the Act on the Legal Statement of the Witness J
1. Article 4 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 297 of the Criminal Act concerning the punishment for such crimes;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by Order to attend lectures and Order to provide community service;
1. In full view of the following circumstances: (a) the Defendants had no previous sexual offense prior to the instant order; (b) the Defendants’ age, family environment and social ties; and (c) the benefits and preventive effects expected from an order to disclose or notify information; and (d) disadvantages and side effects therefrom, the Defendants’ personal information may not be disclosed or notified.