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Defendants shall be punished by imprisonment for three years.
As to the Defendants, the sexual assault treatment program for 80 hours is provided to each of the Defendants.
Reasons
Punishment of the crime
1. Defendant A, at around 22:00 on August 2010, at the third floor office of the building located in Singu, Busan, the third floor of the building located in Singu, Busan, and at around 22:0, the Defendant entered “16 years of age” in the indictment of 15 years of age as “15 years of age,” but it is apparent that the victim is 15 years of age since he was Lin (Evidence No. 12 of the evidence record) and was in Singu, F, G, and drinking games. Defendant A, while playing the game, had the victim’s body under the influence of alcohol so that he was unable to take the alcohol so that he did not take the alcohol so that he would have sexual intercourse with the victim. Defendant A, while drinking water to G and F, had the heart and went out of B, had the victim her heart and come out of it so drunk, had sexual intercourse with the victim’s panty body and the Defendant’s body her panty body.
Accordingly, the defendant has sexual intercourse by taking advantage of the victim's failure to resist.
2. Defendant B had sexual intercourse with the victim E at the same time, at the same place, and at the same time and place as set forth in paragraph 1, and, as above, Defendant B had sexual intercourse with the victim’s body where A had his clothes off at that place and was written off.
Accordingly, the defendant has sexual intercourse by taking advantage of the victim's failure to resist.
Summary of Evidence
1. Defendants’ respective legal statements
1. Each legal statement of witness E, H, I, J, and K;
1. Each legal statement of witness F and G in part;
1. Each prosecutor's office and police interrogation protocol regarding G;
1. Each prosecutor's office and police statement regarding E;
1. Application of the police protocol of statement to F;
1. Article 7(4) and (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 11572, Dec. 18, 2012); Article 299 of the former Criminal Act (Amended by Act No. 11574, Dec. 18, 2012): Provided, That the upper limit of punishment shall be governed by the main sentence of Article 42 of the former Criminal Act (Amended by Act No. 10259, Apr. 15, 2010);
1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.