Defendant

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

However, this judgment is delivered against Defendant B.

Punishment of the crime

【Defendant A was sentenced to four months of imprisonment for larceny at the Changwon District Court on September 10, 2013, and the execution of the said sentence was terminated on November 16, 2013.

【Criminal Facts】 The Defendants are between society and society.

Defendant

B made a call to the victim E (n, 14 years of age) who was interested in the usual correspondence, and the Defendant A made it possible to introduce that he well-being.

1. On May 3, 2014, Defendant A: (a) around 04:21 on May 3, 2014, the Defendant: (b) went to drink 707 G 707 in Kimhae-si; (c) on drinking, the victim under the influence of alcohol was off from the part of the victim; and (d) had sexual intercourse once by inserting the Defendant’s sexual organ into the part of the victim.

Accordingly, the defendant raped the victim by taking advantage of the victim's failure to resist.

2. Defendant B, at the date and time and place set forth in paragraph (1), was drunk, and the victim was deprived of her humf, so that the victim was out of the humf, and was able to have sexual assault the victim.

Therefore, the Defendant tried to engage in sexual intercourse with the victim's sexual organ inserted in the victim's sexual organ. However, the Defendant did not put the victim into the victim's sexual organ due to the intoxication of alcohol.

In this regard, the defendant did not commit rape by taking advantage of the victim's refusal to resist, but did not commit it in an attempted crime.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement of E;

1. Each internal investigation report and each investigation report;

1. Previous records: Application of the Acts and subordinate statutes concerning inquiry reports, such as criminal records, and personal identification and confinement status;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 7(4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act;

B. Defendant B: Article 7(6), (4), and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the Criminal Act.