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Defendants shall be punished by imprisonment for three years.
However, each of the above four years against the defendants from the date of the final judgment of this case.
Reasons
Punishment of the crime
Defendant
A and Defendant B are students attending the third year of FF high school, who are friendly.
1. On December 5, 2015, the Defendants: (a) committed a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special quasi-rape) at the second floor of “H center for senior citizens,” located in Gangwon-gu, Gangwon-gu, Hawon-gun, the Hawon-gun, who performed drinking together with the victim I (the victim I, 17 years of age), the victim’s relativeJ, and the Defendants’ relative K, while drinking alcohol with the victim’s relative K, the Defendants said the Defendants were willing to have sexual intercourse with K in order to have the victim engage in sexual intercourse by taking advantage of the fact that the victim did not take a part in drinking.
Defendant
B It refers to Defendant A, “I am first,” and Defendant A entered the victim who is unable to resist due to scambling into the room, and scam and panty, exceeded the victim’s sound and inserted the victim’s sexual organ into the sexual scam of the victim.
Defendant B continued to see the victim’s sexual organ by hand after the victim’s sexual organ was added to the victim’s sexual organ, and then the victim’s sexual organ was examined in the victim’s sexual organ, and Defendant A said “Nowhhhhh”.
Accordingly, Defendant A inserted the sexual organ of the victim's body in the victim's sexual organ.
As a result, the Defendants jointly committed sexual intercourse with the victim by taking advantage of the fact that the victim's awareness of being drunk is unknown and the resistance is considerably difficult to resist.
2. Defendant B, at the time and place specified in 1. Paragraph (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes in Defendant B, took pictures of the form of sexual intercourse with the victim I under the influence of alcohol by using the video photographing function of the cell phone held by the Defendant.
Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will.
Summary of Evidence
1. The defendants' statements in the first public trial protocol
1. Two-time suspect interrogation protocol against the Defendants
1.As to I.