A Imprisonment with prison labor for a maximum of four years, for a short of three years, and for defendant B, for three years, respectively.

Defendant

A.

1. Defendant A

A. From around 01:00 to around 04:0 on May 9, 2012, the Defendant: (a) had a view to having sexual intercourse with the victim F (the age of 16) who was a juvenile under the influence of alcohol with the victim F (the age of 16) and B while drinking alcohol together with B; (b) had a view to having sexual intercourse with the victim under the influence of alcohol; and (c) had the victim out of the Republic of Korea, she exceeded the victim’s fright and panty, and had the victim sexual intercourse once with the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-fluence state.

B. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc.”) taken pictures of the victim’s face, sexual organ, etc. with the Defendant’s ggal lusium2 smartphone camera, which was in possession of the victim F who had sexual intercourse under the influence of alcohol at the above time and place.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will.

2. Defendant B: (a) heard the statement that he carried alcohol at the same date, time, and place as described in paragraph (1) of Article 1 and carried it back from A, and had sexual intercourse with the victim F; (b) had the victim off his clothes to have sexual intercourse with the victim; and (c) had the victim sexual intercourse with the victim on the part of the victim.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's non-fluence state.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. Police officers and prosecutor's protocol of statement concerning F;

1. The police statement concerning G;

1. Seizure records;

1. A written appraisal;

1. Application of Acts and subordinate statutes to telecom photographs;

1. Article 7 (4), (1) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;