B A person shall be punished by imprisonment for three years.

Defendant

B shall complete a sexual assault treatment program for 80 hours against B.

Defendants are the following: (a) the Defendants are the following: (b) the Defendant A was aware of the victim F (n, 24 years of age).

Defendant

A around 21:00 on April 26, 2014, around 21:0, at the main point of “H” located in Y in Y, the Defendants and the victims met with Defendant B to visit the said victim and enter the said place. From the main point of “I” located in the said main point and “I” to April 27, 2014, the Defendants and the victims were in the state of drinking by the victim. The Defendants were accommodated with the victim on April 27, 2014 in the non-fluoral room of K third floor located in YJ in Y in Y, I.

Defendant

B, around 05:00 on April 27, 2014, around 05:00, he had sexual intercourse with the victim, who was under the influence of alcohol at the mouth, and was in mind of having sexual intercourse with the victim's lower and lower clothes.

As a result, Defendant B had sexual intercourse with the victim by taking advantage of the victim’s failure to resist.

Summary of Evidence

1. Defendant B’s partial statement

1. Legal statement of F;

1. Investigation reports (to attach a record of a recording file submitted by a victim) and the application of Acts and subordinate statutes of a record;

1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;

1. Determination of the Defendants and their defense counsel’s assertion under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed

1. The summary of the assertion was that the Defendants had sexual intercourse with the victim in sequence, but it was made under the agreement with the victim.

In addition, at the time of having a sex relationship with the Defendants, the victim was not in the state of mental or physical disability or impossibility to resist, and even if so, the Defendants did not recognize it.

2. The following circumstances acknowledged by the evidence duly examined by the court of this case regarding Defendant A, namely, ① the victim drinks alcoholic beverages with the Defendants at “H”, and drinks alcoholic beverages at “H” at the two-lane “I”, and so-called film is cut to K.