However, as to the Defendants for two years from the date of the final judgment of this case, the Defendants are above.

On July 7, 2019, at around 02:10 on July 7, 2019, the Defendants found the victim E (E, women, 27 years of age) who is in the state of mental disorder or failing to resist under the influence of alcohol and attempted to commit an indecent act.

The Defendants sent the victim’s human body to the alleyway, and the Defendant A sent the victim to the victim, and Defendant B committed an indecent act by force by deceiving the victim’s chest with his hand.

As a result, the Defendants committed an indecent act by force against the victim who is in a state of mental or physical disability or impossibility to resist.

Summary of Evidence

1. The Defendants’ partial statements in the first trial record;

1. Each legal statement of witness E and F;

1. Each protocol of suspect interrogation of the police against the Defendants (Interpretation)

1. Statement to E by the police;

1. Statement of personal arrest of a suspect (excluding the part concerning the statement of a reporter), report on internal investigation (excluding the part concerning the statement of a reporter), and list of reported cases;

1. CDA (12 reporters and telephone calls), CDs (Analysis of CCTV offices and CCTV images in front of a club and club), and CDs (victim E telephone conversations);

1. Application of the investigative report (the analysis of CCTVs in front of a club and club), investigation report (the confirmation of CCTV images) Acts and subordinate statutes;

1. Article 4 (3), (2) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 29 of the Criminal Act;

1. Reduction of a small amount of punishment under Articles 53 and 55 (1) 3 of the Criminal Act (a favorable circumstance considered in the following sentencing grounds):

1. The judgment of conviction under Article 62(1) of the Criminal Act (hereinafter referred to as “the grounds for sentencing”) of the suspended sentence

1. The gist of the Defendants and their defense counsel’s assertion is that the Defendants were under the influence of alcohol and attempted to help the victims gather together or move to the hospital, and they did not commit an indecent act as indicated in the facts charged.

2. Determination

A. The probative value of relevant legal principles is left to the discretion of a judge, but such judgment must be consistent with logical and empirical rules.