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Defendants shall be punished by imprisonment for two years.
However, each of the above punishments shall be executed for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendants were high school dong and became aware of the Defendants’ introduction of F, G and G, and the victim H (Y, 23 years of age), together with the “J” pension in Gyeonggi-gu I.
1. Around 06:00 on August 23, 2016, Defendant A, while drinking alcohol with four victims, etc. in the ward for the above pentatha (1501) around 06:01, Defendant A, who was under the influence of alcohol, was forced to have sexual intercourse with the victim who was under the influence of alcohol first, and was forced to have sexual intercourse on one occasion after having been exempted from the victim’s counter-confluence.
2. Defendant B, at around 06:30 on the same day, got knee and knee in the victim’s reflectors who were unable to resist due to the measures taken by the victim, and had sexual intercourse and rape once.
Summary of Evidence
1. Defendants’ respective legal statements
1. The prosecutor's statement concerning H;
1. A detailed statement on processing reported cases;
1. A report on an investigation, a report on an investigation (to listen to a statement of a victim), a report on an investigation (report accompanied by a person arrested or detained interview);
1. Medical records for victims of sexual assault;
1. Application of the laws and regulations governing K message pictures;
1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;
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 62(1) of the Criminal Act, each suspended sentence (including the following sentencing grounds, taking into account the sentencing conditions under Article 51 of the Criminal Act);
1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against each order to attend education;
1. Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 50(1) proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, including that the Defendants have no history of sexual crimes against the Defendants, and