[Defendant A] The defendant shall be punished by imprisonment for three years.

However, the above sentence shall be executed for a period of four years from the date this judgment became final and conclusive.

Punishment of the crime

On April 3, 2017, at around 03:00, Defendants drink alcohol together with victims G (at least 19 years of age) who are female employees and other female employees in other names in the room Nos. 6 of F amusement week in Busan Jin-gu, Busan.

Defendant

A 06:30 on the same day, after a female employee in the name-free statement went out of the room, the victim so that the victim could enjoy on the sofab by sofa under the influence of alcohol, “I are able to make a report and entrance of the net during the process of internal combustion, n'e theme to be completed, n'e theme to be done first, n'e theme to be done.

The term "the victim was proposed to engage in sexual intercourse", and the defendant B accepted the proposal of the defendant A and tried to keep the opinion in the future of the studio.

Defendant

A A was the victim.

The victim's body, who was out of panty panty and panty, was exposed to the victim's body, was inserted into the victim's sound part, and the defendant B continued to have sexual intercourse with the victim, but the victim did not have sexual intercourse with the victim at the wind.

As a result, the Defendants, together, had sexual intercourse with the victim by using the victim's non-competence condition.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement related to G;

1. Investigation report (to attach photographs, such as the scene of the crime, and to the victim worn;

panty, strawing photographs attached thereto

1. Investigation report (a photograph of a closed photograph, in which the person subject to investigation has laid a semen after rape);

1. A criminal investigation report (Attachment of a gene appraisal report);

1. Application of Acts and subordinate statutes on seizure records;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the said Act (The following extenuating circumstances shall be considered among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act for the suspension of execution (The following consideration shall be made repeatedly for the reasons for sentencing);

1. Order of community service: Article 62-21 of the Criminal Act;