Defendant

A Imprisonment with prison labor for two years and for two years and six months, respectively.

The defendants are 40 hours each time.

Punishment of the crime

On April 21, 2016, at around 21:30, the Defendants, at the main point of E’F near the Dongjak-gu Seoul Metropolitan Government E’s “F” located in D, performed alcohol together with the victim G (n, 21 years old), who is the joint club motive to which Defendant B belongs, and 103 years old, became the victim at the same time as the victim.

1. On April 22, 2016, between 01:00 and 02:00, Defendant A, while drinking alcohol with the victim at the above her mouth, was off from the victim’s panty, under the influence of alcohol, and added the victim’s sexual organ into the victim’s panty, thereby having sexual intercourse by taking advantage of the victim’s state of impossibility to resist.

2. On April 22, 2016, from around 03:00 to 04:00 on April 22, 2016, Defendant B, who was under the influence of alcohol at the above her panty of the victim, and had sexual intercourse by inserting the victim’s sexual organ into the victim’s sound part, taking advantage of the victim’s refusal to resist.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement concerning G;

1. Medical records for victims of sexual assault;

1. Legal chemical appraisal report and gene appraisal report;

1. The application of Acts and subordinate statutes to each criminal place, each internal investigation report (Evidence List Nos. 3, 7, 13, 14), and each investigation report (Evidence List Nos. 5, 17, 18, 19, 24, 27, 28);

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes for Exemption from Disclosure Orders, 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 are primary undergraduate students, and only a sentence of punishment, registration of personal information, and order to complete a program may have the effect of preventing recidivism to a certain extent. In addition, the Defendants’ age, character and conduct, and course and method of the instant crime.