Defendant

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

However, this judgment is delivered against Defendant B.

Punishment of the crime

1. The Defendants’ basic facts are as follows.

On April 19, 2014, at around 01:24, the Defendants drank alcohol together with the victim H (n, 26 years of age) who played in the club “G” located in Mapo-gu Seoul, Mapo-gu, Seoul. On the same day, at around 01:29 on the same day, the Defendants drank alcohol to the extent that the body of the dys after the dysium by Defendant A could not be properly classified.

2. A around 01:34 on April 19, 2014, the Defendant: (a) led the victim; (b) went out of the club; and (c) went to the taxi; and (b) took place at around 02:0 on the same day by Jel 205, located in Yeongdeungpo-gu Seoul Metropolitan Government I; and (c) took off the clothes of the victim who had no consciousness by drinking, and had sexual intercourse once by inserting the victim’s sexual organ into the victim’s sound portion and the resistance.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's mental or physical state of difficulty.

3. On April 19, 2014, Defendant A, who violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special quasi-rape) by the Defendants, contacted Defendant B to enter the above conference using a Kakakakao text message on April 19, 201. On the same day, around 02:46, Defendant B arrived at the above conference 205, and caused Defendant B to have sexual intercourse by transferring the victim to Defendant B, and went out of the conference around 03:05 on the same day.

Defendant

B had sexual intercourse once by inserting the sexual organ into the part of the victim's sexual organ which had been used in the bed without consciousness.

As a result, 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. Defendant A’s partial statement, Defendant B’s legal statement

1. The prosecutor's statement concerning H;

1. The police statement of K;

1. Application of Acts and subordinate statutes to the CCTV screen, appraisal report, the request for appraisal, the Kakakao text message (Evidence Nos. 15,20,21,27);

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 299 and 297 of the Criminal Act, Article 4(3) and (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the Criminal Act.