Defendants shall be punished by imprisonment for three years.

However, for 4 years from the date of the conclusion of the judgment, the sentence against the Defendants is executed.

Criminal facts

around June 2, 2018, the Defendants came to know of the victim F (the victim F) and the victim-friendly G in combination with the victim’s friendly G in the E drinking house located in the building located in the building located in the area of not more than Sungnam-gu, Sungnam-si, Seoul, and below C. The Defendants came to know that they drink together with the victim’s friendly G.

At around 03:33 on the same day, the Defendants entered the victim and G with the victim as I of the Honam-gu Helel room in Sungnam-gu, Sungnam-gu, and drinking alcohol, and carried out games. While the victim was under the influence of alcohol to the extent that the body of the victim could not be properly accumulated, the Defendants are forced to contact with the part of the above guest room and the defendant was on the part of the defendant, and the defendant was forced to enter the part of the victim, and the defendant B was out of the victim's will and panty, and then raped by inserting his sexual organ into the part of the victim, and at the same time, the defendant A put his sexual organ into the drafting of the victim.

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

Summary of Evidence

1. Defendants’ legal statement

1. Some police interrogation protocol against the Defendants

1. The legal statement of the witness F, G, J and K;

1. 112 Report processing table, internal investigation report (the opening of a room in the H building and the comparison of CCTV) and the message sent by the victim to G;

1. Three copies of a report on blood appraisal, report on blood appraisal, nation and water appraisal;

1. Application of the Acts and subordinate statutes to CCTV images and photographic data;

1. Article 4 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Sexual Crimes, Article 299 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service and Order to Attend Courses;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, the proviso to Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;