A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 9, 2013, the Defendant, while drinking alcohol at a drinking house near Pyeongtaek-gu D and Ma, was talking about the defects of sexual relations with women and sexual intercourse.

Accordingly, C calls from the victim F (n, 17 years of age) to the victim F (n, 17 years of age) with the victim's friendship, and the defendant tried to drink the victim's and the victim's birth H by drinking together with the victim's dong-gu G.

Around 03:00 on March 10, 2013, the Defendant, C, D, and E had the five-story number of guest rooms with the “J” I located in Ansan-si, the Defendant and C, D, and E performed the alcohol together with the victim and the above H, and had the victim drink the alcohol under the penal provisions.

On the other hand, the Defendant and C, D, and E are under the influence of alcohol, and the victim planned to leap the victim by using the gap between the toilets when the victim was diving, and the victim led the victim to drink in the game by applying the penal provisions applied to the game again when the victim returned from the toilet.

As a result, the Defendant, C, D, and E opened the toilet door in which the victim would not return back to the toilet again, and found that the victim was in use on the toilet floor and husing the victim, the Defendant, C, D, and E set out the order of sexual intercourse with the victim, who was first out of the clothes of the victim, and who was sexual intercourse with the victim.

Accordingly, the defendant, who entered the most toilet, was drunk, was exempted from the victim's panty and panty who was unable to resist by forceing the body, and was sexual intercourse once with the victim. C entered the above toilet in the second place, and E tried to have sexual intercourse once with the victim who was unable to resist as above, and E entered the above toilet in the third place.