[Defendant A] Defendant A is punished by imprisonment with prison labor for three years.

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

Punishment of the crime

On October 22, 2016, at around 02:00 to 03:00, the Defendants: (a) had the victim H (at, 30 years of age) who had been aware of the introduction of a man at the alcohol house called “G” located in the Hanju City F, and had the victim drunk while drinking alcohol; (b) had the victim drunk while drinking alcohol; and (c) had the victim enjoy rape by using it; (d) had the victim take the alcohol; and (e) had the victim take rape at around 04:00 on the same day, Defendant B, located in the original city F, and she drinks alcohol to the victim; and (e) had the victim drink alcohol in the telecom.

After proposal, at around 08:40 on the same day, Kel 705 at the JJ of Won-si entered the Republic of Korea with the victim.

The Defendants: (a) the victim was able to rape the victim in the order of the victim, the victim, the defendant A, and the defendant B, who was drunk; (b) the defendant B entered a toilet to commit harm to the victim; and (c) the defendant A exceeded the clothes of the victim locked under the influence of alcohol and made rape by inserting the victim’s sexual organ into the victim’s sexual organ during the victim’s sexual organ by taking advantage of the victim’s her non-satiscing condition.

As a result, the Defendants, together, had sexual intercourse with the victim in a state of non-competence.

Summary of Evidence

1. Defendants’ legal statement

1. Statement of the police statement of H, and statement of the police statement of H to H (secondly);

1. Search and seizure warrant reply and reply to a request for appraisal;

1. Application of statutes on site photographs;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 4(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 299 of the Criminal Act, Article 4(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (electively Imprisonment);

B. Defendant B: Article 4(3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Article 299 of the Criminal Act; Article 4(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (elective Imprisonment)

1. Defendants to be mitigated in amount: Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing)

1. Defendants of suspended execution: Article 62(1) of the Criminal Act (the following conditions are favorable to the reasons for sentencing).