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Defendants shall be punished by imprisonment for three years.
However, from the date of the final judgment of this case, the above punishment against the Defendants for each of four years.
Reasons
Criminal facts
From the night of May 2010 to the new wall of the end of Guri-si, the Defendants Y (16 years old, Defendant C and middle school house) and four female friendlys of the victim in the dwelling space of K (the friendlys of the Defendant) located in the Guri-si, J. 301 (the friendlys of the Defendant) in Guri-si, and her dice, she dices while drinking her, and the victim she she was flick and she was flick.
Defendant
A, while finding a place of her having come to sleep between 03:00 and 05:00 on the same day, the victim went to the room, and discovered the victim who was her diving and was her frighted in the bed, and cut off the fright and panty of the victim who was unable to resist due to alcohol, and had the victim sexual intercourse once with the victim by taking the victim's bridge up to knee.
Defendant
A talks about the above facts of sexual intercourse with Defendant B, and Defendant B got knee and panty of the victim in a state of failing to resist by entering the room where the victim was locked, and sexual intercourse with the victim once.
Defendant
C, Defendant D, Defendant E, and Defendant F known that they had sexual intercourse with the above Defendants A, and Defendant B had each other at intervals of 5 to 10 minutes, and they had sexual intercourse with each other with the victim who was in a state of non-performance of obligation under the above method.
Summary of Evidence
1. Defendants’ respective legal statements
1. Each police statement made to L, M, N, K, andO;
1. Application of Acts and subordinate statutes to photographs on crimes;
1. Article 7(4) and (1) 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 299 of the former Criminal Act (Amended by Act No. 11574, Dec. 18, 2012; hereinafter the same shall apply) (However, the upper limit of punishment shall be governed by the proviso to Article 42 of the former Criminal Act (Amended by Act No. 10259, Apr. 15, 2010);
1. Article 2 and Article 60(2) of the Juvenile Act (Defendant A, B, and F).