Defendants shall be punished by imprisonment for three years.

However, as to the defendants for 4 years from the date this judgment became final and conclusive.

Punishment of the crime

The defendants are the relationship between the victim D(n, 19 years old) and the victim D(n, 19 years old).

On July 21, 2014, at around 23:00 on July 21, 2014, the Defendants met the victim as the furbian-dong, Daejeon-gu, Daejeon-gu, and 102:30 on July 22, 2014, the day following the date when the victim was the person to whom the alcohol was withdrawn, went the victim to the Furb in Daejeon-gu E, and she was accommodated with the victim at around 102.

In addition, Defendant A offlined the victim's her mother who was under influence of alcohol, and Defendant B got her chest into the toilet, Defendant B her chest into the victim, and Defendant A, from the toilet, had sexual intercourse by inserting his sexual organ into the victim's sexual organ in the victim's sexual organ, and Defendant B continued sexual intercourse by inserting his sexual organ into the victim's sexual organ in the victim's sexual organ.

As a result, the Defendants, together, had sexual intercourse with the victim who is unable to resist under the influence of alcohol.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of D police statement;

1. Photographs;

1. Application of Acts and subordinate statutes governing requests for appraisal;

1. Relevant Articles of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Defendants’ Selection of Punishment: Article 4 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and 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 who hold a suspended sentence: Article 62(1) of the Criminal Act (hereinafter referred to as the following factors, repeated consideration of the favorable reasons for sentencing);

1. Defendants of the community service order: Article 62-2 (1) of the Criminal Act

1. Defendants who attend lectures: Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Defendants exempted from disclosure order and notification order: The Defendants’ disadvantage due to each of the following: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; and (c) disclosure order and notification order.