Defendant

A Imprisonment with prison labor for a maximum term of three years and two years and six months, and Defendant B shall be punished by imprisonment for a term of four years.

Each of the defendants is divided against the defendants.

Punishment of the crime

[Criminal Power] Defendant B, on June 13, 2014, was sentenced to two years of suspended sentence for one year of imprisonment in violation of the Punishment of Violences, etc. Act at the Busan District Court on the grounds of violation of the Punishment of Violences, etc. Act, and the said judgment became final and conclusive on June 21, 2014, is currently under suspended sentence.

【Criminal Facts】

1. Defendant A

가. 폭력행위등처벌의관한법률위반(공동폭행) 1) 피고인은 2014. 7. 하순 15:00경 남양주시 D원룸 133호에서 피해자 E(여, 16세)이 피고인에 대해 험담을 하고 다닌다는 이유로 손바닥으로 피해자의 뺨을 수회 때리고, F, G, H도 손바닥으로 피해자의 뺨을 수회 때렸다. 2) 피고인은 2014. 8. 초순 16:00경 위 장소에서 피해자가 또 피고인에 대해 험담을 하고 다닌다는 이유로 손바닥으로 피해자의 얼굴을 때리고, 발로 피해자의 배와 종아리를 찼고, F, G, H도 손바닥으로 피해자의 뺨을 수회 때렸다.

Accordingly, the Defendant assaulted the victim twice jointly with F, G, and H.

B. On August 16, 2014, the Defendant: (a) around 16:00, at the above place, G and H tolded the victim her seated; (b) the victim her clothes was off to the victim with the victim at one time; (c) the victim she told the victim off his/her clothes to “b off his/her clothes”; and (d) the victim told the victim her off his/her clothes to “b off her clothes”; and (c) the victim she would not have a sexual intercourse with the victim so that he/she could rape the victim.

As a result, the Defendant had the victim B, who has already been unable to resist the assault from the Defendant, etc., had sexual intercourse with the victim, who is a child or juvenile, one time.

2. Defendant B was above the Defendant.

At the time, at the place, according to the above A's teacher, the victim who is a child or juvenile who has been unable to resist the assault in question and has been raped once.

Summary of Evidence

1. Defendants’ respective legal statements

1.As to E in the preparation of a shooting range: