Text
Defendants shall be punished by imprisonment for a maximum term of three years and by a short term of two years and six months.
Sexual assault for 80 hours against the Defendants.
Reasons
Punishment of the crime
The Defendants, around 03:00 on July 4, 2012, around 03:0, at the small room of Defendant A, who drinks with the victim E (the 15-year age), F, and a person who drinks a game to drink alcohol or to be off the clothes.
Accordingly, there is a defect that the victim who has been a large number of victims in the game has a so-called so-called so-called so-called so-called so-called so-called so-called a so-called so-called ftener", and that he does not refuse to drink alcoholic beverages because his body can not be easily divided. The Defendants stated that the victim "to be off his clothes if he does not want to drink, she is off his clothes," and caused the victim to be able to report the victim who is in physical condition, who is off his clothes up to his clothes. Defendant A sent the eye that he may bring about to Defendant B, and Defendant B went to the above F and went to the ward.
Defendant
A has sexual intercourse once with a victim who has been in a state of her ability to resist by drinking, and has sexual intercourse with the victim who has been in a state of her ability to resist. Defendant B immediately entered the victim in a minor room and had sexual intercourse with the victim who has been in a state of her ability to resist as above.
As a result, the Defendants jointly committed rape with the victim who was unable to resist due to alcohol twice in total.
Summary of Evidence
1. The third police statement of the Defendants on their respective legal statements 1.E, and the second police statement of the police on F, each statement of the Defendants
1. Application of the Acts and subordinate statutes concerning the statement video CDs made by the original saw Support Center to E;
1. Relevant 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 (the point of special quasi-rape and the choice of each limited term) concerning the crime;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment of Concurrent Crimes prescribed in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes due to Sexual Intercourse with Defendant B with a heavier penalty) among concurrent crimes;
1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.