The punishment against the Defendants shall be four years of imprisonment.

Sexual assault for 80 hours against the Defendants.

Punishment of the crime

Defendant

A is the line of society between Defendant B and C, and Defendant B and Defendant C are the line of friendship.

On May 6, 2016, at around 03:30 on May 6, 2016, the Defendants expressed the victim H (n, 19 years of age) to “I” main points in the vicinity of “G” located in the Chang-gun, Chungcheongnam-gu, Seoul. On the same day, at around 05:45, the Defendants expressed that the victim would have sexual intercourse with the victim by taking advantage of the fact that the victim was drunk and was unable to escape from drinking and drinking together with “I” main points in the vicinity of the victim.

According to the above mother, Defendant A and Defendant B exceeded the clothes of the victim under the influence of alcohol, and Defendant A attempted to have sexual intercourse with the victim while drinking the victim’s sexual organ, but did not have sexual organ. Defendant C had sexual intercourse once by inserting his sexual organ into the part of the victim under the influence of alcohol, and Defendant B had sexual intercourse twice by inserting his sexual organ into the part of the victim under the influence of alcohol.

Accordingly, the Defendants jointly committed sexual intercourse by taking advantage of the victim’s state of impossibility to resist.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police officer in relation to H;

1. Statement of each complaint;

1. Application of the Acts and subordinate statutes in each investigation report (the attachment of a report on the request for appraisal, such as the attachment of CCTV image data to the K, the attachment of DNA video recording data, such as crime prevention CCTVs, the attachment of DNA images data, and the analysis of CCTVs, etc.);

1. Article 4 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning criminal facts, and Article 299 of the Criminal Act;

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

1. Punishment, etc. of sexual crimes committed against each order to complete program;