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Defendants shall be punished by imprisonment for three years.
The defendants shall complete the sexual assault treatment program for 80 hours.
Reasons
Punishment of the crime
Defendants: (a) around 00:10 on January 1, 2014, at the “E” restaurant located in the wife population D, the 18-year old victims fall under “the 1st day of January of the year in which they reach the age of 19” as defined in subparagraph 1 of Article 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, and thus excluded from the application of the said Act.
After drinking together with this, when the victim was unable to walk on his own by drinking alcohol, the victim was unable to walk on his own, the defendant B was forced to walk on the victim, and the victim was deprived.
Defendant
B, on the ground of the fact that the victim was deprived of his ability to walk, the victim was 102, on the part of the victim, and the victim was placed on the bed, and the victim was unable to walk on the bed, so that he would have sexual intercourse with the victim. The defendant A, who was in contact with the defendant B, found the victim that the defendant B was out of the victim's clothes and want to do so to the defendant B himself, was willing to have sexual intercourse with the defendant B with the victim who was in a state of failing to resist.
Defendant
B, around the same day, around 01:52, he exceeded all clothes of the victim in a state of impossibility to resist by drinking alcohol under 102, and sexual intercourse once with the victim’s body, and Defendant A had sexual intercourse with the victim who was on the victim’s body after having finished the sexual intercourse between Defendant B and Defendant B.
As a result, the Defendants jointly committed sexual intercourse with the victim by taking advantage of the victim’s failure to resist.
Summary of Evidence
1. The Defendants’ partial statements in the first trial record;
1. The police statement concerning F;
1. Determination as to the Defendants and their defense counsel’s assertion of the written request for appraisal
1. The summary of the assertion is that the Defendants only engaged in sexual intercourses with the sobreath victim under the influence of alcohol, but did not agree to, or did not share the act of execution with, such victim.
2. In order to establish a judgment joint offence.