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Defendant
A Imprisonment with prison labor for eight months, and for two years and six months, respectively.
provided that this ruling has become final and conclusive.
Reasons
Punishment of the crime
1. On February 6, 2013, Defendant A around 15:00, at the Defendant’s family house located in Seo-gu, Seo-gu, Incheon, Seo-gu, 515 Dong 1801, Defendant B, the victim J (Y, 15 years old) and four members of the above victim’s friendship and drinking.
At around 17:30 on the same day, the Defendant continuously discovered that the above victim was unable to drive a mind under the influence of alcohol, left the victim's live together with his/her he/she, laid the victim from the bed, laid the victim on his/her bed, she was faced with the victim's bed, and the victim's chest was taken on his/her hand.
Accordingly, the Defendant committed an indecent act by force against a juvenile victim by taking advantage of the victim's state of impossibility to resist under the influence of alcohol.
2. Defendant B discovered that Defendant B had a victim who is unable to grow mind under the influence of alcohol and carried into the room of the Defendant’s her mother while drinking, and that Defendant B sent A the victim to a ward by entering the room pursuant to paragraph (1). Defendant B attempted to have sexual intercourse with the victim by putting the Defendant’s hand out about 10 times in the victim’s sexual organ and repeating the Defendant’s hand away from the victim’s sexual organ, but the victim attempted to have sexual intercourse with the victim by putting the victim’s hand out of the victim’s sexual organ.
Accordingly, the Defendant, under the influence of alcohol, tried to rape the victim, who was a juvenile, by taking advantage of the state of her impossibility to resist, but was guilty of attempted rape.
Summary of Evidence
1. Defendants’ respective legal statements
1. Application of the police statement law to J
1. Article 7(4) and (3) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter the same shall apply); Article 7(4) and (3) of the former Criminal Act; Article 11574 of the former Criminal Act (amended by Act No. 11574, Dec. 18, 2012; hereinafter the same shall apply).