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Defendants shall be punished by imprisonment for not less than two years and six months.
However, each of the above punishments for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendants, at around 04:00 on September 17, 2017, 1 room “F” located in Ansan-gu E, Annyang-si, Annyang-si, Annyang-gu, Annyang-si, had the victim drink and drink with the victim, and had the victim forced the victim to commit an indecent act under the influence of alcohol. Defendant A put the victim into the victim’s panty in the victim’s panty, and Defendant B had the victim’s her finger by inserting the hand into the victim’s panty, and Defendant B sent the victim’s chest.
As a result, the Defendants committed an indecent act against the victim by jointly making use of the victim’s mental and physical loss or the impossibility of resistance.
Summary of Evidence
1. The defendants' statements in the second public trial protocol
1. Statement made by the police against D;
1. Each statement of G and H;
1. Application of the photographic Acts and subordinate statutes;
1. Defendants of the relevant legal provisions on criminal facts: Article 4(3), (1), and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 299 of the Criminal Act
1. Defendants to be mitigated in amount: Articles 53 and 55(1)3 of the Criminal Act (see, e.g., the following favorable circumstances):
1. Defendants of a suspended sentence: Article 62(1) of the Criminal Act (The following favorable circumstances)
1. Defendants of orders to provide community service and attend lectures: The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. The Defendants exempted from the disclosure order and notification order: Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendants have no record of punishment for sexual crimes, and thus, there is a risk of recidivism or recidivism of sexual assault because they have no record of punishment for sexual crimes).
It is difficult to readily conclude, only by registering personal information on the Defendants, and taking lectures to treat sexual assault, the effect of preventing the Defendants from repeating the crime can be achieved.
In addition, the defendants will sustain due to the age, family environment, social relationship, disclosure and notification order of the defendants.