Defendant

A shall be punished by imprisonment of one year and three months, and by imprisonment of one year and six months, respectively.

However, as to the Defendants, this is against the Defendants.

Punishment of the crime

On January 21, 2015, at around 04:30, the Defendants were unable to enjoy alcohol at the Gocheon-gu Seoul Special Metropolitan City F at the Gocheon-gu public announcement center where the victims G (n, 16 years of age) were living, and the victims were able to sleep at around 08:00 on the same day after drinking alcohol, and the victims were able to enjoy alcohol on the mixed floor.

During that, Defendant B went to the floor, Defendant A got the victim's arms, kidddd the victim into the bed, and Defendant A forced the victim to buy the victim's arms and forced the victim to enter the victim with the victim's hand after drinking the victim's entrance.

이어 피고인들은 피해자를 강간하기로 귓속말로 모의한 다음, 피고인 A은 피해자 옆에 누워 피해자의 손을 잡으려고 하고, 피고인 B는 침대 위에 누워 있는 피해자를 보면서 바지를 내리고 성기를 밖으로 꺼내어 자위행위를 하고 손으로 피해자의 가슴을 만지고 피해자의 바지와 팬티를 강제로 벗긴 후 간음하려고 하였으나, 이에 반항하던 피해자로부터 발로 성기 부분을 걷어차이는 바람에 미수에 그쳤다.

As a result, the Defendants did not commit rape and did not commit an attempted rape.

Summary of Evidence

1. Defendants’ respective legal statements

1. Examination protocol of Defendant A by the prosecution;

1. The police statement concerning G;

1. The police seizure record and the list of seizure;

1. Application of Acts and subordinate statutes of each investigation report;

1. Relevant Articles 15 and 4 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 297 of the Criminal Act concerning the punishment for such crimes;

1. Articles 2 and 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act to mitigate juvenile offenses;

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 of the Suspension of Execution (The following consideration shall be repeated for the reasons for sentencing);

1. Sexual crimes committed against probation and an order to attend a course;