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 judgment of this case, the Defendants are above.

Punishment of the crime

피고인들은 2013. 5. 21. 22:00경부터 안산시 단원구 H에 있는 “I”라는 상호의 주점에서 피해자 J(여, 18세)와 함께 칵테일과 양주 등을 나누어 마시다가 자리를 옮겨 그 다음 날 05:00경까지 위 주점 인근에 있는 ‘K’라는 상호의 주점에서 소주 약 9병을 나누어 마신 후 피해자가 술에 취하자 피해자를 데려다 준다고 하여 피해자의 기숙사에 도착하였다.

On May 22, 2013, from around 05:14 to 07:00, the Defendants were aware of “M” 17, which is the dormitory of the victim in Ansan-si L Building 7th floor in Ansan-si, A, and, under the influence of alcohol, the victim under the influence of alcohol attempted to have sexual intercourse with the victim in the second floor, Defendant A, C, and B, in order of the victim’s sexual intercourse in the second floor, and Defendant A was able to have sexual intercourse with the victim in the second floor by inserting the ma and panty of the victim’s sexual intercourse. Defendant C continued to have sexual intercourse by inserting the sexual organ into the part of the victim’s sexual organ where Defendant C was exempted from the second floor. Defendant B attempted to have sexual intercourse with the victim’s sexual organ inserted in the part of the victim’s sexual organ, but did not have sexual intercourse with the victim’s sexual organ.

Accordingly, the Defendants, together, have sexual intercourse with the victim who is in a state of mental disorder or impossibility.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of witness by the prosecution against the N – One-time answer type;

1. Each police statement made to J,O, and P;

1. On-site identification results, replies to requests for appraisal of genes, relevant photographs, and the application of Acts and subordinate statutes on genetic replies;

1. Defendants of the relevant legal provisions on criminal facts: Article 4(3) and (1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012); Article 299 of the Criminal Act

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

1. Defendants on probation: Article 62 of the Criminal Act.