Defendant

A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by imprisonment with prison labor of one year and six months.

However, the defendant B is subject to objection.

Punishment of the crime

Defendants are the office chiefs of “D points” in Gangnam-gu Seoul, and victims E (n, 28 years of age) are employees working from December 8, 2017 at the above business establishment.

From December 17, 2017, from around 03:00 to around 03:00 on December 17, 2017, the Defendants met the victim’s body to the extent that the victim was unable to properly hold the body, and left the victim on the floor of the place where the victim was laid down. From around 06:50 on the same day, the Defendants moved the victim to the accommodation of I employees in Gangnam-gu Seoul Metropolitan Government H.

1. Defendant B, from around 07:00 on December 17, 2017 to around 07:40 on the same day, was drunk in the above accommodation, and was breath and panty of the victim, who was able to resist the floor at the above accommodation, and was in sexual intercourse once with the victim.

Accordingly, the defendant has sexual intercourse by taking advantage of the victim's resistanceable condition.

2. Defendant A, from around 07:40 on December 17, 2017 to 12:00 on the same day, was drunk in the same place as in the preceding paragraph, and the victim was off from her panty and panty, who was able to resist the floor at the same place as in the preceding paragraph, and had sexual intercourse once with the victim.

Accordingly, the defendant has sexual intercourse by taking advantage of the victim's resistanceable condition.

Summary of Evidence

1. Defendant B’s legal statement

1. The defendant A's partial statement

1. Legal statement of witness E;

1. Statement made by the police against E (Attachment of J details);

1. Application of the written consent to victims of sexual assault, medical records, the details of the conversation between victims and A, reports on internal investigation (in-house CCTV investigation) and statutes on internal investigation (on-site CCTV investigation);

1. Articles 299 and 297 of the Criminal Act concerning the facts constituting 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 for each of the reasons for sentencing):

1. Defendant B of the stay of execution: Article 62(1) of the Criminal Act (The following consideration shall be repeated for the reasons for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend a course or order to complete

1. Exemption from an order of disclosure notification;