Defendants shall be punished by imprisonment for three years.

However, the execution of each of the above four years from the date this judgment becomes final and conclusive.

Punishment of the crime

Defendants: (a) around 05:00 on January 13, 2014, the Ecomher 303, the victim F (the 19-year-old age-old) who drinks alcohol together, reported that the victim F (the 19-year-old age-old) was in a state of non-performance by drinking alcohol, and was able to have sexual intercourse with the victim; (b) Defendant A was able to have sexual intercourse with the victim by inserting his finger with the victim’s clothes; (c) putting his finger into the victim’s body; (d) putting his finger off the victim’s body; and (d) Defendant B went off the victim’s body; and (e) inserted the victim’s sexual organ into the part of the victim’s body; and (e) Defendant A, who was said to have sexual intercourse with the victim in the same manner as the Defendant B completed the sexual intercourse.

Accordingly, the Defendants jointly committed sexual intercourse with the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to F, G, and H;

1. Recording book (record No. 278 pages of investigation records);

1. Application of each statute of appraisal;

1. Article 4 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 299 of the Criminal Act concerning the applicable provisions on criminal facts and the selection of punishment for each sexual crime;

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. Article 62 (1) of the Criminal Act for a suspended sentence (the following extenuating circumstances among the reasons for sentencing):

1. Where a conviction is rendered on the facts constituting the instant crime against the Defendants as to whether an order to disclose or notify the personal information of each of the crimes under Article 16(2) and Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is issued, an order to disclose or notify the same shall be issued simultaneously pursuant to Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1) and 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse. However, the Defendants shall also be sentenced to the instant crime.