Defendant

A Imprisonment with prison labor for three years and for five years, respectively.

However, this judgment is delivered to Defendant A.

Punishment of the crime

[Criminal Records] Defendant B was sentenced to six months of imprisonment for larceny at the Incheon District Court on November 19, 2015, and the judgment became final and conclusive on May 18, 2016.

[2] On July 22, 2015, the Defendants: (a) drinked with the victim E (the 14-year old-old-old-old-old-old-old-old-old-old-ro) and drinking alcohol at the victim E (the breath-year-old-old-old-old-ro), who was aware of the victim’s clothes at the victim’s singinging-out-out-out-out in Incheon Yeonsu-gu-gu-gu-gu-si; (b) laid off the victim’s clothes at around 04:00 on the same day; and (c) Defendant A was released from the victim’s clothes; and (d) Defendant B was able to see the victim’s sing-out-out-to-undering-her-take-out-out-out-out-to-undering-take-out-out-take-out-out-out-out-out-out-out-to-be, so that the victim and Defendant A wish to commit rape in order.

Accordingly, Defendant A entered a small room first, and, by inserting the sexual organ of Defendant A into the victim’s negative organ, had the victim sexual intercourse once with the victim, and continued Defendant B’s sexual organ into a small room, and had the victim sexual intercourse once by inserting the victim’s sexual organ into the victim’s negative organ.

Accordingly, the Defendants jointly committed sexual intercourse with the victim by taking advantage of the victim’s mental and physical loss or the impossibility of resistance.

Summary of Evidence

1. The Defendants’ respective legal statements

1. The legal statement of the witness A (limited to the defendant B);

1. The legal statement of the witness B (limited to the defendant A);

1. A protocol concerning the interrogation of the suspect against the defendant B by the prosecution;

1. Statement of the police statement related to G;

1. Statement made by the police against E (limited to Defendant B);

1. Statement-recording CDs;

1. A report on investigation;

1. Photographs of the scene of crime;

1. Previous convictions in judgment: Inquiries about criminal history (B), reporting of investigation (verification, etc. of criminal suspect B's details of judgment), and application of Acts and subordinate statutes on personal identification;

1. Defendants of the relevant legal provisions and the choice of punishment regarding criminal facts: sexual crimes.