Defendant

A Imprisonment with prison labor for three years and for five years, respectively.

Sexual assault for 40 hours against the Defendants.

Punishment of the crime

1. On March 27, 2013, Defendant A, along with GMobel 302 in Seo-gu, Seo-gu, Gwangju, Gamobel 302 and the victim H (the age of 18) in Seo-gu, Seo-gu, Gwangju, performed alcohol, and the victim went off the upper part of the body and panty in which the locked victim was suffering from the bed while under the influence of alcohol, and had sexual intercourse by inserting the sexual organ into the part of the victim who was unable to resist the resistance of alcohol.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental disorder or impossibility to resist.

2. Defendant B was sentenced to imprisonment with prison labor for two years and six months and four years of suspended execution at the Gwangju District Court on July 11, 2013, and the said judgment became final and conclusive on July 19, 2013, for the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse.

In light of the date and time set forth in paragraph (1), and at the place described in paragraph (1), the Defendant stated that the victim’s intelligence index was 46 and the victim’s intellectual disability 2, which was divingd under the influence of alcohol, in the indictment of the victim, when the victim had sexual intercourse as stated in paragraph (1) with the victim’s sexual intercourse with the victim as stated in paragraph (1), the Defendant stated that the victim’s intelligence index was 46 and is the victim’s intellectual disability. However, in light of the victim’s statement in this court, the victim’s statement and attitude, communication ability through sign language, and the victim’s statement to the effect that “if the victim conducts the same intelligence test for the public, with low intelligence and there is no special intelligence test tool for the hearing impaired,” the Defendant cannot be concluded that the victim falls under the intellectual disability solely with the statement in the clinical examination report prepared by the JA, and this part of the facts charged is not acceptable.

Sexual intercourse was made by inserting sexual organ into a negative organ.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental disorder or impossibility to resist.

Summary of Evidence

1. Defendants’ respective legal statements

1. The witness H’s legal statement 1.