B)

(b) Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

Use photography)

2.(a) B

3.(a) C.

Attorney E in charge

Law Firm F (For the defendant)

Attorney G in charge

Law Firm H (for Defendant B)

Attorney in charge

To order the Defendants to complete the sexual assault treatment program for 80 hours each time.

A seized mobile phone (opphone SE) shall be confiscated from Defendant B.

Defendants, as drama actors, made a contribution to the "atrical L" held in K located in Jongno-gu Seoul Metropolitan GovernmentJ from May 1, 2015 to November 2016, 2016, were informed of the fact that they exchanged and contact details that they had been fluently met at a Buddhist club of Yongsan-gu Seoul Metropolitan Government on November 25, 2016, and met with M&M around November 26, 2016, and met with M&M on the same day as the following day, and met with M&M on the same day. At around November 26, 2016, at around 20:51, the Defendants opened a line with M&N-based mobile phone and exchanged M&M with the victim on October 26, 2016, and exchanged M&M with the victim on July 26, 2016 (hereinafter referred to as "the victim on July 26, 2016").

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Special Rape) in Defendant A or B;

Defendant A and B, at the same time on November 27, 2016, put the victim’s body into the part of the victim’s body, and then put the victim’s body at the victim’s 501 dwelling space in Gangnam-gu Seoul, and put the victim’s bed from shocks. Defendant A and B, on the left side of the victim’s body, have the victim’s left hand, and Defendant B did not put the victim’s chest on the part of the victim’s body so that they do not open the victim’s right hand, and then put the victim’s chest into the part of the victim’s body and the victim’s chest was removed from the part of the victim’s body, and the victim was locked with the victim’s knife and knifeed with the victim’s knife with the victim’s knife with the victim’s knife without the victim’s knife’s knife with the victim’s knife with the victim’s body.

As a result, Defendant A and B committed rape jointly.

2. Around that time, Defendant C asked the victim her from the room to see why she would be "dlehhhhhhhhhhhhhhhhhhh", Defendant C asked Defendant A and B to enter the room when the victim was sexually abused from Defendant A and B, stating that Defendant C would be responsible for the victim's sexual assault, and Defendant C would not cause the victim's body to go to the house at the house because it was pushed off from the floor so that it could not cause the victim's body to go beyond the panty line of the victim, and added the victim's her sexual organ to the part of the victim by hand, without putting the victim's her own sexual organ into the part of the victim.

Accordingly, the Defendants jointly raped the victim.

3. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes by Defendant B (carmers and photographs);

On December 12, 2016, the Defendant, at around 03:00, taken two photographs of the mobile phone camera shooting function, which had a female-contested female-contested female-contested female-contested female-contested female-contested female-contested female-contested female-contested female-contested female-contested female-contested female-contested female-contested female-contested female-contested female-contested female-contested female-contested female-contested female-contested female-contested female-contested female-

Accordingly, the Defendant provided another person with the body parts taken by the victim, which may cause sexual humiliation or shame, against his will.

A summary of the steam

【Criminal facts Nos. 1 and 2】

1. Defendants’ respective legal statements

1. Each legal statement of Qua and M;

1. The Defendants’ partial statement of each prosecutor’s interrogation protocol

1. Statement of resignation to Q Q;

1. Written consent of victims of sexual assault;

1. An appraisal report, a response to a request for appraisal, and a report on evaluation of criminal injury;

1. Recording notes or recording files CDs (Evidence list 33, 34);

1. N dialogue (Evidence List 63);

1. Each investigation report (Evidence list 6, 8, 20, 32, 42, 44);

1. Investigation report (Evidence List 27, Attachments, the main sentence shall be limited to Defendant A and Defendant C);

1. Photographs (3)

[Article 3 of the Criminal Act at the Time of Sales]

1. Defendant B’s partial statement

1. Each protocol of seizure and the list of seizure;

1. Investigation report (Evidence List 25);

1. Each investigation report (limited to each attachment of evidence list 27, 36, and each attachment);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A and Defendant C: Article 4(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 297 of the Criminal Act (a)

(b) Defendant B: Article 4(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 297 of the Criminal Act, Article 14(2) and Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of providing Cameras, etc. and the choice of imprisonment)

1. Aggravation for concurrent crimes (Defendant B);

Article 37 (Aggravation of Concurrent Crimes within the extent of aggregated with the punishment prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravated Punishment of Concurrent Crimes)

1. Order to complete programs;

The main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Confiscation (Defendant B);

Article 48 (1) 1 of the Criminal Act

1. Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, which are exempt from disclosure and notification orders, proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant has no record of being punished as a sexual crime; the crime in this case alone is hard to readily conclude that the Defendants committed a crime committed against many and unspecified persons; the Defendant’s registration of personal information and completion of sexual violence treatment programs can be expected to a certain extent to prevent recidivism even in light of all the circumstances, such as the Defendants’ age, family environment, and social relationship as indicated in the argument in this case. In addition, in light of all the circumstances, the Defendants’ disadvantage and anticipated side effects that the Defendants may suffer from disclosure and notification orders, while it appears to be relatively less likely to achieve such effects, there are no special circumstances to disclose and notify personal information to the Defendants

Judgment on the Defendants and their defense counsel's assertion (the part of the crime No. 1 and No. 2 in the market)

1. Summary of the assertion

The Defendants were only sexual intercourses under the victim’s explicit or implied consent and did not commit assault or intimidation that constitutes the crime of rape. In addition, the Defendants did not agree to or jointly commit rape against the victim.

2. Determination

A. Relevant legal principles

Whether a perpetrator committed assault and intimidation to establish the crime of rape ought to be determined based on the specific circumstances in which the victim was placed at the time of sexual intercourse by comprehensively taking account of the content and degree of assault and intimidation, the background leading up to exercising force, the relationship with the victim, and the circumstances at the time of sexual intercourse, etc. In an ex post facto perspective, readily concluding that the perpetrator’s assault and intimidation did not reach the extent that the victim’s resistance was significantly difficult (see, e.g., Supreme Court Decision 2005Do3071, Jul. 28, 2005). Moreover, the credibility of the witness’s statement should not be readily denied solely on the grounds that the witness’s statement was inconsistent with the witness’s statement in the main part, and the statement on other minor matters was somewhat inconsistent (see, e.g., Supreme Court Decision 2007Do1278, Mar. 14, 2008).

Furthermore, in order to establish a special rape under Article 4(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, where two or more persons jointly commit a crime under Article 297 of the Criminal Act, a conspiracy and an act of implementation as a subjective requirement must be shared. The conspiracy does not require any legal penalty, and thus, the intent of co-processing of a crime directly or indirectly leads to an implied agreement among accomplices, and even if there is a comprehensive or individual communication or awareness about the contents of the crime, it is established if there is no need for any conspiracy prior to the occurrence of a crime (see, e.g., Supreme Court Decision 95Do2655, Jul. 12, 1996).

B. Facts of crime No. 1

According to the following circumstances recognized by the above macroscopic evidence, Defendant A and B jointly committed rape.

① The victim stated that he had been subject to criminal acts as stated in this part of the criminal facts from the investigative agency to this court. The statement is generally consistent and concrete as to the place and time of the crime, the acts of the Defendant A and B, the fear and response of the victim, and the situation before and after the crime. In addition, the victim’s statement is not inconsistent with other evidence, such as the content of DNA conversations between the victim and M, and it is most consistent with the Defendants’ statement as to objective facts except whether the victim consented to sexual relations, and there is no circumstance that the victim’s statement might be false.

Part of the victim's statement asserted by the defendants (such as the degree of alcohol at the time of this case and the background of lying on shocks) is merely a shot part and seems to be due to the limitation of memory.

② The victim made a statement on the facts of the instant damage, while making a statement on the fact of the instant damage, was the one who works in the head of the Defendant’s family, with the consent of the victim and M, and the Defendant A and B made a statement without any increase or decrease in the facts that could be contrary to the facts of the instant complaint, such as informing the victim and the M of his cell phone numbers. These circumstances also add credibility to the statement.

③ The victim stated that he was unaware of Defendant C’s home address, which is the place of the occurrence of the instant case, and that he was not able to report sexual assault damage since reporting the fact of sexual assault damage was difficult psychologically difficult, and immediately after the instant crime, Defendant C’s home or his cell phone was unable to report it to an investigative agency. Considering that the victim’s attitude and content of the statement, and that there was a tendency for reporting sexual assault damage to women, the victim’s above statements are sufficiently understandable.

On the other hand, the victim taken a photo of the entrance of the building, stating the address of the above house in order to file a complaint against the Defendants immediately after the house of the defendant C, and immediately reported the defendants to the investigation agency and submitted a written complaint thereafter.

④ Defendant A and B attempted to engage in sexual intercourse in Defendant C’s house room. At the time, Defendant C was inside the room. This is more so in light of the victim’s statement that: (a) it is difficult to deny the coercion of sexual act of this case on the ground that Defendant C did not request the victim to assist because the first day of the preceding day and the more close interested parties than Defendant A and B did not request the victim to assist; (b) it is more so difficult to deny the coercion of sexual act of this case; and (c) it was difficult to request the victim to assist because of fear of shame and fear,

⑤ At the time of committing the instant crime, the victim complained of the victim’s her m, kneeing, etc. at the time of being investigated by the investigative agency. However, even if Defendant A and B, who was a man with more than 180cm, did not have any injury exceeding the above minor injuries, and the victim did not have any injury to the victim’s her mar. However, if the victim, who was a woman of 48 km in weight, was raped in cooperation with the Defendant A and B, who was two male persons with more than 180cm, was 160cm in height, it would have been difficult for the victim to escape from the said Defendants even if the victim did not have any active physical force to the extent that the victim’s clothes would have been damaged.

Defendant A and B, immediately after the crime described in paragraph (1) of the criminal facts in the judgment, took a brupt attitude by the victim, such as drinking alcohol immediately at the home of Defendant C or without reporting to an investigation agency, and demanding the deletion of video images of Defendant B’s cell phone. This is alleged not to be an ordinary act of rape victim. However, the victim was at the time of having known about the awareness of M’s inside and outside with Defendant C at the time, and immediately did not come from Defendant C’s house, and seems to have acted with Defendant C. Meanwhile, the victim continued to show a high level of uneasiness and depression immediately after the crime of this case.

7) In addition, Defendant A and B alleged that the victim did not refrain efficiently from the act of sexual intercourse, such as the escape, seating, leaving back, or leaving back to the back of the victim, and instead, they did not act against the victim’s will. However, it may be deemed that the victim did not choose such cooling and efficient avoidance methods. Rather, the victim’s failure to choose rape from two male persons whose height and weight are significantly different, thereby resisting that the victim was able to resist or remarkably difficult.

8) Defendant A and B alleged that the statement of the content of the resistance against Defendant A and B is inconsistent at the time when the victim was charged with the crime described in paragraph (1) of the criminal facts as indicated in the judgment of the victim, but the statement of the content of the resistance made by the victim is consistent as a whole with the fact that the victim had intended to resist the crime under the circumstances where the victim was raped after being pressured by two male persons, and that the victim expressed his intent passive or negative.

At the time of committing the instant crime, Defendant B made a statement at an investigative agency that the victim said that “the victim would have drawed”, which conforms with the victim’s above statement.

9) After committing the crimes listed in paragraphs 1 and 2 of the facts charged in the judgment of the Defendants, the victim recorded a conversation with the Defendant A. The victim’s horse speculation appearing in the recording appears to be somewhat invaded.

However, in light of the fact that the recorded conversation is subject to Defendant A with respect to a sexual relationship against his own will and that Defendant A seeks a letter of apology and tolerance, the victim's statement that the victim, who intends to gather with respect to the situation at the time, received the statement that the victim would have attempted to commit the crime without doubt in the situation where Defendant A arrives, is persuasive.

① After committing the instant crime, the Defendants was aware of whether the victim did not report to the investigation agency via N conversations. As alleged by the Defendants, if the victim had sexual intercourse with the victim’s consent, then the Defendants’ attitude is not explained. Also, Defendants B and A made a statement to the purport to recognize each of the police questions asked by the investigation agency for non-Rape (the Defendant B’s legal statement and the third prosecutorial questioning protocol against Defendant A).

① The victim stated that, from the investigative agency to this court, the Defendant A and B was unable for the victim to take part in his/her two sides, and that the Defendant A and B began rape in the order of rape, since five seconds have not passed thereafter, he/she was able to discuss the order of rape.

As to the background of the instant gender relationship, Defendant A and B stated that Defendant B was on the part of the victim, on the part of the victim, on the part of the victim, and on the part of the victim, Defendant B was out of the victim’s side, and Defendant B was out of the victim’s side, and Defendant B was out of the victim’s side, and Defendant B was out of the victim’s side, and Defendant B was under the circumstances on the part of the victim’s ship, and Defendant B was in the sexual intercourse with the victim.

The content of the DNA conversations that the Defendants divided after the crime of this case is consistent with the above statements.

"그날 피해자(이름이 기재되어 있으나 피해자로 표기한다) 쇼파로 제가 들어서 던지고 시작 ㅋㅋ"(B), "그냥 던지고 바지 바로 벗김옆ㅋㅋ"(B), "셋이 일단 자자고 피해자 가운데에 두고 누웠는데"(A), "바로 하나둘셋 시작!", "고고"(A), "A가 먼저 하라고 하더라구여 ㅋㅋ 저한테”(B), "그리고 입에 물렸죠... ㅋㅋㅋ"(A) 이러한 진술 등을 종합하여 보면, 피고인 A, B 사이에는 이 부분 강간 범행에 대한 공동가공의 의사가 암묵리에 상통하였을 뿐만 아니라 시간적 · 장소적 협동관계 하에 그 실행행위를 분담하였다고 할 것이다.

C. Facts of crime No. 2

According to the following circumstances recognized by the above macroscopic evidence, the Defendants jointly committed rape.

① The victim, who was divided into Defendant C’s place and time of the crime regarding this part from an investigative agency to this court, and the conversations and time between Defendant C, and the victim’s perception and response, and the situation before and after the crime, are generally consistent and specifically stated in major parts. In addition, the victim’s statement is inconsistent with other evidence, such as the text sent by the victim to M on November 27, 2016, and is not inconsistent with the content of the victim’s statement to M on November 27, 2016, and the specific sexual act is mutually consistent with Defendant C’s statement regarding the situation of the victim’s specific sexual act.

② The victim, immediately before committing the instant crime, divided a conversation that can be seen as an agricultural fence, such as Defendant C and “Iskin,” and made a statement without any increase or decrease in the facts that could have been contrary to the facts of the instant crime, such as the fact that the Defendant C was placed on the place to control the Defendant C at a diving. Such circumstances also add credibility to the statement.

③ At the investigative agency and this court, the victim got off the bridge attached to the defendant C from the defendant C, and asked the defendant C as to whether he would be raped by the defendant A and B, and the defendant C would not be able to get off the clothes of the victim, and the defendant C would be able to get off the clothes of the victim. In light of these statements, the defendant C seems to have been aware of sexual intercourse against the victim's will at the time of commencing rape.

④ While the victim was divided into Defendant C on the part of Defendant C’s exercise of physical force against the Defendant C, the victim appeared to have been raped from Defendant C. At the time, the victim was raped from two male persons, and the physical strength was nearly worse than the victim, and even after the victim was sexually forced, the victim could not have been able to escape from Defendant C even if Defendant C exercised only the form of force to the extent that the victim would threaten the victim or be saved with the save, etc. without threatening or saveing the victim.

⑤ Prior to the completion of the rapes described in paragraph (1) of the criminal facts set forth in the judgment of Defendant A and B, Defendant C observed the sexual intercourse between Defendant A, B, and the victim, and thereafter the Defendants and the victim appeared to drink with the victim, and Defendant C asked the victim whether he was dint of the victim’s bridge with the victim and asked the victim whether he was dint of the victim’s bridge.

With respect to the above situation, the victim stated that the defendant C told the defendant C of the facts raped by the defendant A and BO without any choice after repeatedly asking the defendant C's 's her bridge in the state of her bridge, and the defendants stated that the defendant C made the above conversation with the victim because the atmosphere has been colored.

However, Defendant C made a statement that the foregoing drinking place was a 'free atmosphere', and it is not consistent in itself with the statement. Defendant B made a statement to the effect that, when the victim drinks with the victim, the victim brought his cell phone to delete sexually related video, and then confirmed it for a long time. Defendant C made a statement to the effect that, when the victim is in a sexual relationship with the victim, Defendant C made a statement to the effect that he was aware of the sexually related video taken by Defendant B, and that Defendant C made a statement to the effect that he was aware of the sexually related video taken by Defendant C even when the victim was in a sexual relationship with the victim, and Defendant C made a statement to the effect that he was aware of the sexually related video taken by Defendant C [N conversation is that Defendant C is able to state the fact that the victim of the sexually related product (which is indicated as the victim, but it is indicated as the victim) is in combination with the victim], it is contradictory with each other.

In addition, Defendant C, after witnessing the sexual intercourse between Defendant C and the victim, stated that Defendant C entered the so-called 'Wool' in the toilet according to Defendant B, and Defendant C directly observed the sexual relationship as above, and Defendant C took the 'Wool' from Defendant B as argued by the Defendants, Defendant C asked the victim about 's dynasty' if the Defendants and the victim dynasty drinking in a free atmosphere, but it is not acceptable that Defendant A merely respondeded as 'Wool'.

한편 피고인들이 나눈 N 대화 내용에는 피고인 C이 이 사건 범행 당일 오후에 "근데 어제 그친구어케 시도한 거임?", "술도안먹엇자네 걍 강간햇냐"라고 물어 보는 부분이 있다.

In full view of the above statements, it is reasonable to view that Defendant C had been aware of the fact that Defendant A and B had been raped before commencing the commission of the crime of rape in this part against the victim.

6) As to the time the Defendant C commenced rape, the victim stated that: (a) the victim was deprived of the bridge he was taken from the Defendant C; (b) the Defendant C’s scambling of the bridge; and (c) the Defendant C went to the Defendant A and B, who sought to enter the two bridge of the victim.

According to the statement of Defendant A and C, and the N dialogue between the Defendants, Defendant C expected to have a sexual intercourse with the victim at this time, and said that Defendant A and B were flickly flicked (N dialogue expressed as “I am flicker,” and “I amflicker, I amflicker, I am at I am at I am.). It is recognized that Defendant A and B entered the inside.

In light of these facts, Defendant A and B are aware of the fact that Defendant C attempted to rape the victim, and it appears that Defendant C entered a safe room to rape at the request of Defendant C, and up to the time of the completion of rape (under the N dialogue, Defendant A appears to have engaged in sex relationship with the victim’s relative under the influence of alcohol, even with the victim’s sexual intercourse under the influence of alcohol).

(No. 2) At the time of the crime of rape of Defendant C, Defendant A and B continued to stay in the house of Defendant C, Defendant C had been inside the house of Defendant C, and Defendant C entered the house again, and Defendant C got home again, and Defendant A was saluted with the victim who was saluted to have returned home, and saluted with the victim, and saluted to the effect that he was saluted with the victim, and saluted against the victim’s will.

In full view of the above facts, the defendants' interview with the victim immediately after the rape of the defendant C to the effect that "I would like to make a report on the victim's intention to report" if the defendant C comes to contact with the defendant A in a way that "I would know whether I would like to report" or "I would like to communicate with the defendant when DN is no longer available." In full view of the above facts, the defendant A could prevent the victim from immediately communicating with the victim after the rape of the defendant C and immediately reporting the victim's intention to report it to the victim's house.

On the other hand, the defendant A made a statement to the effect that "the victim was forced to move back from her lock at the time of the above conversation," and in light of such a statement, it can be seen that the defendant A's sexual relationship with the defendant C was not a friendly one.

8 In full view of these points, it is deemed that the Defendants shared the intent of co-processing with regard to the crime of rape in this part, and shared the conduct under time and location cooperative relationship.

3. Conclusion

Ultimately, the Defendants and their defense counsel’s above assertion is rejected.

Registration of Personal Information

Where a conviction becomes final and conclusive on the facts constituting an offense against the Defendants, the Defendants are subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and are obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

Reasons for sentencing

1. Defendant A

(a) The scope of applicable sentences under law: Imprisonment with prison labor for not less than five years nor more than thirty years; and

(b) Scope of recommendations based on the sentencing criteria;

[Determination of Punishment] A sex crime, general standards, rape (subject to at least 13 years of age), Type 2 (Rape and Special Rape in Connection with Relatives)

【Special Ne-Linsens 【Lins】

[Scope of Recommendation] 6 years to 9 years (Aggravation)

(c) Determination of sentence;

The crime of this case was committed by rape by the Defendant jointly with the victim Q. In light of the background, method, content, and consequence, etc. of the crime, the nature and circumstances of the crime are very significant in light of the crime, and the victim suffered from extreme sexual humiliation and huge mental suffering, and appears to continuously show high level of depression and apprehensions even after the crime of this case. In light of the fact that the victim wanted to punish the Defendants, it is necessary to strictly punish the Defendant.

However, the defendant committed the crime of this case contingently while under the influence of alcohol, and the defendant has no record of criminal punishment and has yet to be aged 21 years old, taking into account the character, conduct, health conditions, family relationship, means and result of the crime, and other various sentencing conditions specified in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered.

2. Defendant B

(a) The scope of applicable sentences under law: Imprisonment with prison labor for up to 5 years up to 36 years; and

(b) Scope of recommendations based on the sentencing criteria;

1. Basic crime: A crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

[Determination of Punishment] A sex crime, general standards, rape (subject to at least 13 years of age), Type 2 (Rape and Special Rape, including Rape and Rape in Connection with Relatives)

【Special Ne-Linsens 【Lins】

[Scope of Recommendation] 6 years to 9 years (Aggravation)

(c) Final sentence scope according to the standards for handling multiple crimes: Imprisonment with prison labor for not less than six years (the minimum limit of the sentence range shall be considered only because the sentencing criteria are not set and the concurrent crimes relation under the former part of Article 37 of the Criminal Act with the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

(d) Determination of sentence;

The defendant's crime committed jointly with rapes Q Q and provided another person with the body parts of the victim's body under his name, which may cause sexual humiliation or sense of shame against his will. In light of the circumstances, methods, contents and result of the crime, etc., the nature and circumstances of the crime are very heavy. As seen earlier, the defendant should be punished strictly in light of the degree of damage to Q Q and the intent of the defendants to severe punishment.

However, the defendant also committed the crime of this case by contingency while under the influence of alcohol, the above body parts taken pictures are deemed to have been taken with the consent of the victim in terms of his name, the defendant has no record of criminal punishment in addition to the punishment of larceny, and the defendant has no record of criminal punishment, and the defendant's character and behavior, health status, family relationship, means and result of the crime, circumstances after the crime, etc. shall be determined as ordered by the sentence, taking into account the various sentencing conditions

3. Defendant C.

(a) The scope of applicable sentences under law: Imprisonment with prison labor for not less than five years nor more than thirty years; and

(b) Scope of recommendations based on the sentencing criteria;

[Determination of Punishment] Sex Offenses, General Criteria, rapes (subject to at least 13 years of age), Type 2 (Rape, Rape, Special Rape, etc. based on Relatives Relations)

【Special Convicted Person】

[Scope of Recommendation] 5 years to 8 years (Basic Area)

(c) Determination of sentence;

The crime of this case was committed jointly by the defendant and committed rape of the victim Q. In light of the nature and circumstances of the crime in light of the background, method, content and result of the crime, etc., the crime of this case is highly serious, and the victim 2’s degree of damage and the wish to punish the defendant strictly.

However, as seen earlier, the defendant is not guilty of the facts charged that the defendant committed the crime of this case contingently while under the influence of alcohol, the defendant was found not guilty of the facts charged that combined with the crime as stated in Paragraph (1) of the crime as indicated in the judgment below, the defendant has no record of criminal punishment, and the defendant's character and behavior, health status, family relationship, means and result of the crime, etc., and the punishment shall be determined as ordered in consideration of the various sentencing conditions

The part not guilty (Defendant C)

1. Summary of this part of the facts charged

The Defendant, along with A and B, contributed to the drama L, which was held in K in Jongno-gu Seoul Jongno-gu, Seoul, from May 1, 2015 to November 201, 2016, and became aware of the fact that he/she had sent to the victim of his/her sexual intercourse with the victim of his/her sexual intercourse with the victim of his/her sexual intercourse with the victim of his/her sexual intercourse with the victim of his/her sexual intercourse with the victim of his/her sexual intercourse with the victim of his/her sexual intercourse with the victim of his/her sexual intercourse with the victim of his/her sexual intercourse with the victim of his/her sexual intercourse with the victim of his/her sexual intercourse with the victim of his/her sexual intercourse with the victim of his/her sexual intercourse with the victim of his/her sexual intercourse with the victim of his/her sexual intercourse with the victim of his/her sexual intercourse with the victim of his/her sexual intercourse with the victim of his/her sexual intercourse with the victim of Gangnam-gu, Seoul on November 25, 2016.

At around 02:00 on November 27, 2016, the Defendant entered the victim’s body and 501 in Gangnam-gu Seoul, where the victim was placed, and the victim was placed in a show show of the victim in the victim’s room, and the victim was left the victim’s left part, and the victim was placed in the victim’s body, and the victim was placed in the victim’s body and the victim was removed from the victim’s body and the victim was removed from the victim’s body and the victim was removed from the victim’s body without putting the victim’s body to the right part, and the victim was removed from the victim’s body and the victim was removed from the victim’s body so that the victim was removed from the victim’s body and the victim was removed from the victim’s body without putting the victim’s hair to the victim’s body and then was removed from the victim’s body to the victim’s body, and the victim was removed from the victim’s body and the victim’s body to the victim’s body to the left part.

Accordingly, the defendant raped the victim in collaboration with A and B.

2. Determination

In light of the following circumstances acknowledged by the evidence duly adopted and examined by this court, it is difficult to view that the evidence submitted by the prosecutor alone, in collusion with A and B, was proved to the extent that the defendant shared the execution through time and place cooperative relations with regard to the crime stated in this part of the facts charged, to the extent that there is no reasonable

① 피고인과 A, B은 이 사건 범행 전날인 2016. 11. 26. 20:51경 N 단체방을 만들어 "낯보자넣(낯선 여자의 보지에 자지를 넣자)(B, A)", "근데 3대2인데"(피고인), "뭐 아님 제가 빠지겠습니다"(B), "너희 둘이 조질래그럼?"(피고인), "아녀 ㅋ 형이랑 A 하세여 ㅋㅋ"(B), "이럴땐 막내가 빠져야죠!!"(A), "젖탱이 나주라, 밀어주라, 먹고 거실에던져줄께"(피고인), "형님 소유입니다 이미ㅋㅋㅋ"(A), "함께 하자"(B), "기승전 넣고싶다"(B), "집에 가만잇음", "알아서 주서먹어줄텐데"(피고인), "술 먹으면서 골뱅이도 좀 파고 그 다음에 집에 데려오는건 가능하지 않을까"(피고인), "이게 맨 정신에서 집에서 먹는건 솔직히 힘들긴 하지 여까지 오고 차도 여까지 댄 것만으로도 거의 90프로는 승산 있는디 (피고인)라는 등의 대화를 하였다.

In full view of the above dialogue contents, it appears that the defendant, A, and B took the victim and M into the defendant's house and took the victim and M in the defendant's house, and it appears that the so-called ‘the so-called ‘a' having a sexual relationship on the day of the delivery. However, it is difficult to see that the defendant and B conspiredd in advance to rape the victim and M.

B At around 23:45 on the same day, “I am sprinked immediately if I am sprinked,” and at around 23:51 at around 23:51, the Defendant called “I am sprinked if I am sprinked and sprinked” and “I am spicked if I am spicked, I am spicked” and said at around 23:52, as I am spick, I am spicked, but it is reasonable to view the Defendant and B as having expressed a spick or a somewhat exaggerated expression in the atmosphere that I am spicked to have a sexual relationship with women at first, and that I am spicked not to have such expectation.”

② The Defendant entered the inner room with the drunk M prior to the commission of the crime described in this part of the facts charged against A and B, and only re-entered to the ward at the time of the completion of the crime.

③ 피해자는 수사기관과 이 법정에서 판시 위 범행 직후 피고인 및 AB과 피해자가 앉아 있을 때 피해자의 표정이 좋지 않자 피고인이 피해자에게 반복하여 왜 그러냐고 물어보았고, A이 "저 때문에 그래요"라고 대답하였다고 진술하였고, 피고인 및 A, B도 일치하여 A, B의 위 범행 당시 피고인은 안방에서 자고 있었고, 그 후 깨어나서 A, B에게 '너희 뭐 했냐'는 취지로 물어보았다고 진술하였으며, 이 사건 범행 직후 피고인과 A, B이 나눈 N 대화에서도 피고인이 "근데 어제 그 친구 어케 시도한거임? 술도안 먹었자네 걍 강간했냐", "어떻게 하게 됨? 궁금 난 잠들었는데 거실서 신음소리가 나서 나가봤더니 너희들 소라넷 찍고있더만"이라고 말하였는바, 피고인은 위 범행에 관하여 안방에서 나와 성관계 장면을 목격하기 전까지는 이를 알지 못하였던 것으로 보인다.

④ The victim stated to the effect that at the time of the crime of this case, the defendant, A, and B committed the crime of this case in a planned manner, the defendant would have been able to keep M from the inside of the defendant at the time of the crime of this case.

3. Conclusion

Thus, this part of the facts charged against the defendant shall be pronounced not guilty under the latter part of Article 325 of the Criminal Procedure Act because there is no proof of a crime. However, as long as the defendant is found guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (special rape) as stated in Article 325 (2) of the Criminal Procedure Act,

It is so decided as per Disposition for the above reasons.

The same judge's identity

Judges Lee Young-young