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Defendant
A, B, and E shall be punished by imprisonment with prison labor for two years and six months, and by imprisonment with prison labor for one year and six months.
except that this judgment.
Reasons
Punishment of the crime
Defendant
H On February 15, 2017, the Daejeon District Court was sentenced to imprisonment for a maximum of three years and a short of two years and six months on June 10, 2017 for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special quasi-rape). The judgment was finalized on June 10, 2017.
1. Defendants A, B, E, and H (2019Gohap5, 2019Gohap11), 1, 2019Gohap5 facts charged, and 1, 2019Gohap11 of the facts charged, the Defendants are people of friendships and 15 years old.
On July 1, 2016, at around 00:0 on the first day of the first half of the 2016, the Defendants mentioned that Defendant A was “Isn't have to go to?” Defendant H sent the victim the victim with “Isn't drink?” and Defendant H sent the victim with “Isn't go to drink.” Defendant H was aware that I was unable to go to the outside, and the victim did not have to go to the house of the victim.
The Defendants, from 00:00 to 04:00 on the same day, had the victim drink a drinking game, such as a one-time “sking game,” and had the victim drink, and had the victim enter the room and enter the room without the body, and had the victim wanted to have sexual intercourse with the victim by using that in the state of failing to resist under the influence of alcohol.
Accordingly, the Defendants set up the sequences by virtual favour, and Defendant B first inserted the sexual organ into the part of the victim who was under the influence of alcohol by entering the victim’s room, thereby having sexual intercourse once with the victim. Then, Defendant H, E, and A, in sequential order, had sexual intercourse with the victim once in the same manner.
As a result, the Defendants, together, had sexual intercourse with the victim by using the victim’s state of impossibility to resist.
2. Defendant C
A. Attempted attempted threat of force against children and juveniles (2019 Gohap5) 2019 Gohap5, the Defendant under paragraph (4) of the facts charged in the 2016 case.