Defendants shall be punished by imprisonment for not less than two years and six months.

However, it is against the Defendants for 3 years from the date of the final judgment.

Punishment of the crime

Defendants are between Dong-gu and Dong-gu.

At around 23:40 on May 15, 2016, the Defendants, at the Dong-gu F and the second floor “G,” drinked with Defendant A’s University-Friendly Victim H (n, 19 years of age) at the Dong-gu, Daejeon. From around 02:00 to 03:00 on the following day, the Defendants conspired to engage in sexual intercourse with the victim by drinking alcohol at the above heading house and at the Defendant A’s own room located in the Daejeon East-gu, Daejeon-gu I 301, while the Defendants were able to smoke and enter a tobacco prior to his own room, while the victim was unable to enjoy alcohol and was able to engage in sexual intercourse with each other.

Defendant

A, first of all, the victim's body, who was frightened in the beds, was frightened by putting the body of the victim who was frightened in the beds, was exempted from the clothes, inserted his sexual organ into the sound part of the victim, and had sexual intercourse with the victim who continued to have sexual intercourse with the victim who was frighten in the beds, but the victim was not able to fully refuse the victim's body due to the occurrence of his own mind.

In the end, the Defendants jointly conspired the victim by taking advantage of the victim’s state of impossibility to resist.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement of the victim;

1. Application of the written statements to the victim;

1. Article 4 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 29 of the Criminal Act, and Article 299 of the Criminal Act, the selection of a limited term of imprisonment for a crime

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Defendant A who suspended execution: Article 62(1) of the Criminal Act (hereinafter referred to as “Defendant B”); Article 62(1) of the Criminal Act; Article 60(3) of the Juvenile Act (hereinafter referred to as “the most favorable circumstances”)

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Exemption from an order of disclosure and notification shall be made.