Defendant

A Imprisonment with prison labor for three years and for five years, respectively.

However, this judgment is delivered to Defendant A.

Punishment of the crime

Defendant

A is the head of the cosmetic room team, and Defendant B is the head of the same beauty room, and the victim (e.g., 24 years of age) is the employee of the same beauty room.

On January 19, 2015, from around 20:00 to 01:20 of the following day, the Defendants and the victim drinked the alcohol at “K,” and continued to perform the alcohol by moving to the package edge of the package in the inlet basin. The Defendants had the victim, who was under the influence of alcohol, had the mind of having the victim sexual intercourse with the victim and had the victim go to the “Lel” in the neighborhood.

At that place, Defendant B put the victim on a 106 room, and let Defendant A and Defendant A enter the 106 room with a 105 room where Defendant A had been a defendant. Defendant A, upon entering the 106 room, had the victim off the panty of the victim who was in the state of mental disorder or non-performance of duty, and had the victim sexual intercourse once.

In addition, Defendant B, who was waiting for the completion of the sexual intercourse with Defendant A, was in 105 room, and was 106 room to show Defendant A to 105 room, and was sexual intercourse by inserting the sexual organ into the negative part of the victim, who was in the defect of the latter or in the failure to resist.

Accordingly, the Defendants, together, have sexual intercourse with the victim by taking advantage of the victim's mental or physical state of difficulty.

Summary of Evidence

1. Each legal statement of the defendant A and B

1. Legal statement of the witness M;

1. Each legal statement of a witness A and B;

1. Each police statement concerning M;

1. Each statement prepared by the N orO;

1. Application of the Acts and subordinate statutes on related photographs, Kakaoo Stockholms, and CCTV image data;

1. Article 4 (3) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 29 and 297 of the Criminal Act concerning the applicable provisions on criminal facts and the selection of punishment for each sexual crime;

1. Defendant A subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Defendant A who has been suspended from execution: Article 62 (1) of the Criminal Act (hereinafter referred to as the following factors, repeated consideration of the reasons for sentencing);

1. Order to complete a program;