Defendants shall be punished by imprisonment for two years.

However, from the date of the final judgment of this case, each of the above three years against the Defendants.

Criminal facts

1. Defendant B was under influence of alcohol on October 2, 2017, 07: (a) around 07:20, the Defendant exceeded the clothes of the Victim F (hereinafter referred to as “F”) under the influence of alcohol on the fourth floor of Gangnam-gu Seoul, Gangnam-gu, and multi-household 4, and was in sexual intercourse once with the victim’s own fingers by inserting the clothes of the Victim F (hereinafter referred to as “F”) under the influence of resistance, making it difficult to resist, fit the victim’s breasts, talking the victim’s breasts by hand, talking the victim’s breasts and part of the part, and inserting his fingers into the part of the victim’s drinking.

Accordingly, the defendant has sexual intercourse with the victim who is in an impossible condition of resistance.

2. Defendant A committed the above crimes at the same date, time, and place as set forth in paragraph (1), and entered the room where the victim was suffering from the defect in returning home, and Defendant A sent the victim’s chest at hand, who was unable to resist due to alcohol, and had sexual intercourse once with the victim’s chest.

Accordingly, the defendant has sexual intercourse with the victim who is in an impossible condition of resistance.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a written request for appraisal, such as site photographs;

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

1. Reduction of a small amount under Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act for the suspension of execution;

1. Article 16 (4) of the Act on Special Cases concerning the Protection and Observation and Punishment, etc. of Sexual Crimes in 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. Grounds for sentencing under the proviso to Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018); the main sentence of Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018);

1. One year and six months to fifteen years from the date of imprisonment within the applicable range of punishment;

2. One year and six months to three years (the area of mitigation as a victim does not want punishment) of imprisonment within the scope of recommended punishment according to the sentencing guidelines; and

3. Two years of imprisonment with prison labor for each decision of sentence, and three years of suspended execution, Defendant B shall be the victim.