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Defendants shall be punished by imprisonment for one year and six months.
However, as to the Defendants for three years from the date of the final conclusion of this judgment, the said judgment is against the Defendants.
Reasons
Punishment of the crime
The Defendants, with the victim D (n, 22 years of age, 22 years of age) first met with the victim, four juncys including the victim on July 20, 2017, together with the victim on July 20, 2017, fel 207 inside Yansan-gu E in Jeonju-si, 201 as male room, 201 as female room, and 201 of 207, while drinking alcohol.
The Defendants expressed their desire to report the victims who were under the influence of alcohol at around 08:00 on the same day, and then Defendant B confirmed that they had no awareness of the victim's consciousness, and confirmed them that they are under the influence of the victim's injury, met the victim's chest by hand, put them into the panty of the victim, put them into the negative part, put them into the negative part, see the victim's chest by hand, see the victim's chest by hand, put the victim's finger into the negative part, and put them into the negative part.
As a result, the Defendants conspired to commit a similar rape by using the victim’s resistance impossible condition.
Summary of Evidence
1. Defendants’ respective legal statements
1. Statement made by the police against D;
1. A complaint;
1. The application of Acts and subordinate statutes to each investigation report (related to photographs taken by the victim's top body, a suspect A, BNA collection, and a reply of the results of appraisal by the National Scientific Investigation Institute);
1. Articles 299, 297-2, and 30 of the Criminal Act concerning the facts constituting an offense;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the said Act (The following extenuating circumstances shall be considered among the grounds for sentencing);
1. Article 62 (1) of the Criminal Act for a suspended sentence (The following extenuating circumstances shall be considered for the reasons for sentencing):
1. Article 62-2 of the Criminal Act of each community service order;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against each order to attend education;
1. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against which an order to disclose or notify is issued, respectively, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendants have no record of being punished for the same kind of crime, and the ages of the Defendants;