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Defendants shall be punished by imprisonment for six years.
The defendants completed the sexual assault treatment program for 80 hours.
Reasons
Punishment of the crime
On October 2, 2018, at around 04:30, the Defendants lent the Ulsannam-gu Celel D, and Eho Lake room, and among them, they drink alcohol with F, juvenile victim (the age of 17 at that time), victim-friendly G, and victim-friendly G. On the same day, at around 07:00 on the same day, the Defendants, F, and G were able to sleep with alcohol and move to D.
1. Defendant A, around 07:00 on October 2, 2018, stated that “I will make a talk with the victim more,” and remains in the above Moel E-ho, which had already been drunked, breathed to the victim, who had been divingd with the victim, and she was off from the victim’s clothes, and she was forced to put the victim’s sexual organ into the part of the victim’s drinking.
Accordingly, the defendant has sexual intercourse with a juvenile who is not able to resist.
2. Defendant B: (a) around 08:30 on October 2, 2018, the Defendant entered the above Moel Eheading room where the victim was self-employed by stating that he/she would go to the side of the him/her; (b) discovered a victim who was flading off his/her clothes, under the influence of alcohol, and forced the victim to put his/her sexual organ into the part of the victim’s drinking part.
Accordingly, the defendant has sexual intercourse with a juvenile who is not able to resist.
Summary of Evidence
1. Defendant B’s partial statement
1. Legal statement of the victim;
1. Each legal statement of the witness H, F, G, and I in part;
1. The recording in part of the recording report prepared by the prosecution against the defendant A and B;
1. Partial statements of the police interrogation protocol of the defendant A and B
1. Results of appraisal by the DNA according to a report on investigation (request for appraisal);
1. Application of Acts and subordinate statutes to the police statement of victims;
1. Article 7 (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act and the selection of a limited imprisonment for a specific term concerning the crime;
1. Order to complete a program, Article 21 of the Act on the Protection of Children and Juveniles against Sexual Abuse;