Text
Defendant
A Imprisonment with prison labor for a year and six months, and Defendant B shall be punished by imprisonment for a year.
However, from the date this judgment became final and conclusive, Defendant.
Reasons
Punishment of the crime
1. On August 13, 2014, at around 05:30, Defendant A 112, “Gmotour” in Guri-si F, “Gmotour” and “H and 20 years old,” the Defendant her drinking alcohol together with the victim H and I (the 20 years old, so that the victim was under the influence of alcohol, and the victim was able to have sexual intercourse with the victim. After having kid the victim, Defendant A had kid on the part of the victim, Defendant A had sexual intercourse with the victim by using the victim’s body in a state of avoiding the victim’s failure to resist.
2. Defendant B, at the same time and place as in the preceding paragraph, performed drinking together with the said A, the said A, the victim H (the age of 21), and I (the age of 20), and the victims reported that they were under the influence of alcohol and continued to talk with the victim I on several occasions, put the victim I on the chest part of the victim I, put the victim I on several occasions, put the victim’s chest part on several hand, collect the victim’s breast part on several occasions, and put the victim’s fingers into the victim’s sexual organ, thereby committing indecent act against the victim I by taking advantage of the victim’s state of non-performance, and committing similar rape.
Summary of Evidence
1. Defendants’ respective legal statements
1. Examination protocol of Defendant A by the prosecution;
1. The fourth police suspect interrogation protocol against Defendant B;
1. Each police statement made to I and H;
1. Application of Acts and subordinate statutes to written appraisal;
1. Article relevant to the facts constituting an offense and the selection of punishment;
A. Articles 299 and 297 of the Criminal Act of Defendant A
B. Articles 299, 297-2 (a point of quasi-Rape), 299, and 298 (a point of quasi-indecent act by compulsion and a choice of imprisonment) of the Criminal Act
1. Aggravated concurrent crimes: Article 37 (Aggravation of concurrent crimes within the scope of adding up the maximum term of each punishment determined for the crime of quasi-Rape heavier than the punishment), Articles 38 (1) 2 and 50 (Aggravation of Concurrent Crimes within the scope of adding up the maximum term of each punishment determined for the crime of quasi
1. Article 53 and Article 55(1)3 of the Criminal Act (i.e., discretionary mitigation of a crime on grounds that there are grounds for considering the circumstances of the crime);
1. Article 51 of the Criminal Code as stated in the reason for sentencing under Article 62(1) of the Criminal Code of the suspended sentence.