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

However, as to the Defendants for three years from the date of the final conclusion of this judgment, the said judgment is against the Defendants.

Punishment of the crime

On May 20, 2017, the Defendants, as the victim E (n, 20 years of age) and elementary school dong dong dong dong dong dong dong dong dong dong dong dong dong dong dong dong dong on May 20, 201, followed the victim's house located in the Incheon Western F 101, and continued to perform drinking by moving to the victim's house located in the Incheon Western F 101, was placed on the part of the Defendant A, the victim, and the Defendant B on the part of the victim's house.

On May 21, 2017, at around 04:00, the Defendants drinkd the victim who was under influence of alcohol, and Defendant A sent the victim’s chest, her fingers, and her fingers to the part of the victim’s sound, and continued to put the victim’s sexual organ into the part of the victim’s sound, but the victim was not able to put the victim’s sexual organ into the wind, and Defendant B put the victim’s sexual organ into the victim’s inner organ.

As a result, the Defendants jointly tried to rape the victim by using the victim's non-specing condition, but failed to achieve that intent.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Each legal statement of witness E and G;

1. Response to a request for appraisal;

1. Investigation reports (verification of drinking volume by persons involved in the case), investigation reports (Analysis of data recording of 112 declarations);

1. Notification to a department related to reporting 112 cases;

1. Application of statutes to on-site photographs and CCTV image analysis data;

1. Relevant legal provisions and the Defendants’ choice of punishment on the crime: Articles 15, 4 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 299 and 297 of the Criminal Act;

1. Defendants who attempted to be mitigated: Articles 25(2) and 55(1)3-1 of the Criminal Act; Defendants who were subject to suspended execution on the grounds of sentencing: Article 62(1) of the Criminal Act (the conditions favorable to the reasons of sentencing as set forth below)

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

1. Defendants exempted from disclosure order and notification order: Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.